MADAN MOHAN LAL Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge of Lucknow recommending that, the order of forfeiture of the alleged "nal" and "phar" money and the destruction of other articles recovered during the search passed by the Sub-Divisional Magistrate, Mohanlalganj, Lucknow (Sri p. D. Joshi) on April 2, 1951, beset aside. One Madan Mohan Lal was pro- secuted under Sections 3 & 4 of the Public Gambling Act. The learned Sub-Divisional Magistrate, Mohanlalganj, Lucknow tried the case and acquitted him of the offences with which he was charged. In spite of the order of acquittal he directed the forfeiture of the alleged "nal" money kept in a cigarette tin & "phar" money found on the spot as well as the destruction of the articles recovered during the search by the police. The accused Madan Mohan Lal went up in revision before the learned Sessions Judge of Lucknow, who has made this reference with the above mentioned recommendation.

(2.) I have read the order of reference as well as the explanation submitted by the learn-ed Magistrate and am of opinion that this, re-ference must be accepted. The order of forfeiture of the money and the destruction of the articles is passed under Section 8 of the Public Gambling Act (III of 1867). The said section reads as follows: