RAMCHANDRA SHANKAR GHONE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application in revision is directed on a question as to the legality of an order of forfeiture of money seized from the house of the accused who is acquitted of the offence charged under the Gambling Act.

(2.) IT appears that on 7th July, 1983 at about 10. 30 a. m, the Police Head Constable of Umbraj Police Station acting on some information about illegally carrying on country liquor business, conducted a raid in the house of the petitioner and in search he seized certain articles suspected to be articles of gaming and also cash Rs. 10,111. 25. Thereupon, the petitioner was prosecuted in Summary Case No. 1153 of 1983 for alleged offences punishable under sections 4, 5 and 12 (a) of the Bombay Prevention of Gambling Act, 1887 (hereinafter referred to as the Act ). On conclusion of the trial, the learned Judicial Magistrate, F. C. Patan, on deputation at Karad however, by his order dated 18th August, 1987 acquitted the petitioner, but at the same time directed that muddemal articles be destroyed and money seized by police from the house of the petitioner be credited to government by rejecting the petitioners application for return of money. On an appeal being Criminal Appeal No. 97 of 1988, the learned Sessions Judge by his order dated 2nd August, 1988 confirmed the said order and dismissed the appeal.

(3.) SHRI Mulla, the learned Counsel for the petitioner contends that the impugned order of forfeiture is contrary to law. It is his contention that the Court below committed an error of law in ordering the forfeiture in absence of any evidence to show that money seized was an "instruments of gaming" within the meaning of section 3 of the Act and, therefore, the money ought to have been returned to the petitioner.