STATE OF MAHARASHTRA Vs. KESHAV BHAURAO MULIK

JUDGEMENT

(1.) The State has preferred this appeal against the order passed by the Judicial Magistrate, First Class, Sholapur, acquitting the accused of the charge made against them for offence under Section 4 and 5 of the Bombay Prevention of Gambling Act, 1887, hereinafter referred to as the Gambling Act.

(2.) On the evening of July 10, 1973 round about 6 p.m. when Charansing Azad (P.W. 4), the Additional Superintendent of Police, Sholapur, was present in Navi Ves Police Chowky at Sholapur along with B.B. Sanglikar, Inspector of Police attached to the Foujdar Chawadi Police Station and other members of the staff, information was received that in house No. 96, Gold Finch Peth, in the City of Sholapur, which belonged to accused No. 1 Keshav Bhaurao Mulik was being used as common gaming house for accepting matka bets.

(3.) On receiving this information, these Police Officers verified the truth of the information and thereafter proceeded wtih two panchas by name Sangareshwar (P.W. 2), and Chandrakant (P.W. 3), to raid this house.