MOTIRAM GANGARAM Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision application arises out of the prosecution for offences under the Bombay Prevention of Gambling Act. The nine applicants are charged for committing offences under sections 4 and 5 of the Bombay Prevention of Gambling Act. The Judicial Magistrate, First Class, 5th Court, Amravati, who tried the case convicted the accused-applicant No. 9 Shaikh Umar son of Shaikh Nabbu for offences under sections 4 and 5 of the Bombay Prevention of Gambling Act and sentenced him to pay a fine of Rs. 250 and in default to suffer rigorous imprisonment for three months. The accused-applicants 1 to 8 were convicted for an offence under section 5 of the Bombay Prevention of Gambling Act and were each sentenced to pay a fine of Rs. 200 and in default to suffer rigorous imprisonment for two months.

(2.) The learned Additional Sessions Judge, Amravati who heard the appeal against these convictions and sentences confirmed the convictions and the sentences passed by the trial Magistrate.

(3.) The case of the prosecution was that one Abdul Hamidkhan, who was working as a Police Sub-Inspector attached to the Local Investigation Branch of the Amravati Police received information that gambling goes on in the house of the applicant No. 9 Shaikh Umar and that he was keeping a common gaming house. He, therefore, caused a watch to be kept on that house and on 14-3-1064. when he was in the City Kotwali Police Station, he got information at about 1-30 p. m. that gaming was actually going on in that house at that time. He passed on this information to Mir Akbarali who was then attached to the City Kotwali Police Station as a Sub-Inspector of Police. On this information being received, Mir Akbarali took an entry in the station diary and both these police officers, namely, Mir Akbarali and Abdul Hamidkhan, left for the house of the applicant No. 9 Shaikh Umar. On the way they picked up two persons Umarsha and Kesheo to act as 'panchas and when this party reached the house of the applicant No. 9 Shaikh Umar they found that all the nine applicants were seated in the house and were playing a game of cards with stakes. According to the prosecution, the applicant No. 9 was taking out amount out of the stakes, called money. Then the raiding party surprised the applicants and caught them on the spot and seized the articles like cards and money which were lying in front of them. Seizure memos and panchanamas were prepared and the P. S. I. Mir Akbarali lodged a report in the City Kotwali Polios Station. Further investigation was made by P.S.I. Deshmukh of the Nagpuri Gate Police Station and the applicants were sent for trial for offences punishable under sections 4 and 5 of the Bombay Prevention of Gambling Act.