KUMAR A NADAR Vs. V K SARAF

JUDGEMENT

(1.) THE petitioner in this case has filed this criminal writ petition for quashing the prosecution under sections 4 (a) and 5 of The Bombay Prevention of Gambling Act, 1887, pending before the Metropolitan Magistrate, 28th Court at Esplanade, Bombay.

(2.) FEW facts which are material to dispose of this criminal writ petition are as under :

(3.) IT is the case of the petitioner that on 23rd April 1987 in the evening the officers of respondent No. 1 came to the place where the petitioner was running video game parlour. On the said date respondent No. 1 seized five machines more particularly described in para 3 of the petition. Since, according to the petitioner, the said seizure made was illegal, the petitioner preferred Writ Petition No. 1541 of 1987 on the Original Side of the High Court and on 29th April 1987 this Court granted the rule and as an interim order directed the respondents to return to the petitioner the five video game machines seized from the petitioner. As per the aforesaid of this High Court, the respondents returned the said machines.