ULHAS DATTARAM MAYEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners were caught playing cards in the house belonging to petitioner No. 1 and cash of Rs. 10,640/- was attached. The petitioner were prosecuted under sections 3 and 4 of the Goa, Daman and Diu Public Gambling Act, 1976 (hereinafter referred to as "the said Act" ). The petitioners pleaded guilty to the substance of accusation explained to them. The trial Court convicted petitioner No. 1 under section 3 of the said Act and he was sentenced to undergo S. I. for one month and fine of Rs. 500/- in default S. I. for 7 days in accordance with the proviso to section 3 of the said Act. Petitioners No. 2 to 4 were convicted for the offence under section 4 of the said Act and they were sentenced to S. I. for one month and fine of Rs. 500/-, in default 7 days S. I. in terms of proviso to section 4 of the said Act. The petitioners filed an appeal before the Sessions Court, but the appeal was dismissed. The petitioners have come in revision and the revision was admitted only on the quantum of sentence.

(2.) LEARNED Advocate for the petitioners and learned P. P. were heard.

(3.) THE entire controversy centres around the punishable clause read with the proviso which is contained in section 3 and section 4 of the said Act. In order to appreciate the controversy, it is necessary to reproduce the relevant part of sections 3 and 4 of the said Act, which read as under : section 3. . . .