DAVID BENJAMIN TRIBHAWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant original accused No. 1 has been convicted under section 12(a) of the Bombay Prevention of Gambling Act, 1887, and sentenced to R.I. for one month with a fine of Rs. 200/- in default to suffer R.I. for two weeks by the learned Presidency Magistrate, 23rd Court, Esplanade, Bombay.

(2.) The prosecution case narrated in brief was that the Inspector of Police attached to the anti Gambling Squad, C.B. C.I.D., Bombay had information that accepting of Matka bets was going on the foot-path near Grant Oriental Hotel, Play House, Bombay. Besides the appellant, another person Prabhkar Ramkrishna whose where abouts are not traced to this day, were indulging in this acceptance of bets. On getting this information the Police Inspector secured the services of a punter, asked him to verify the information and thereafter handed him over a currency note of Re 1/- denomination in the presence of the panchas in the evening of 23rd November, 1971. The Punter was instructed to lay bet on Matka figures 2 to 3 open to close. The Punter laid bets, obtained the chit from the appellant and on coming out gave the pre-arranged signal upon which the raid was carried out and articles like ball pen, carbon copy of Matka book, cash etc. were attached. On completing the preliminaries the appellant along was put on trial. His defence was of a total denial.

(3.) For the prosecution three witnesses went into the witness box viz., the punter Abdul Rehman Hussain, the panch Pawar and the Police Officer Mr. Sawant. The Punter Abdul Rehman spoke in vague terms without giving the instructions imported to him by the Police Officer of the nature of game or the purpose of collecting bets in the presence of panchas, that he was asked to verify whether gambling was going on. The Punter reported in the affirmative. Then two panchas were summoned and their presence a currency note of one rupee denomination was given to him with instructions to lay bet on figures 2 to 3. The Punter carried out the command, obtained a chit from accused No. 1 which is produced and marked as Ex. A and gave the pre-arranged signal on which the place was a raided and the articles referred to above were seized.