DWARKADAS BANDULAL AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The first one is an application for restoration. For the reasons stated in the application, the Criminal Application No.1731/1997 is restored in the interest of justice and is being finally heard in view of "Madhurmilan Syntex Ltd. and others V/s Union of India & Anr." 2007 AIR SCW 1971.

(2.) So far as the main application is concerned, the applicant impugns the order rendered by the Learned Sessions Judge, Jalgaon in Criminal Revision Application No.31/1997 and that of Judicial Magistrate (F.C.) in Criminal Miscellaneous Application No.217/1996.

(3.) The applicant was chargesheeted as accused in commission of offence u/s 4 and 5 of the Bombay Prevention of Gambling Act, 1887. The prosecution alleged that at his residential house the applicant indulged in gambling game called "Kalyan Matka". He was accepting bets for money on the figures, from customers. The police carried out raid on the 3rd floor of the residential premises, where the applicant was found accepting money from customers. An amount of Rs.81,787/- was recovered from his residential premises, along with chitthis, on which certain figures were written, two writing pads and ball pens etc.