BHARAMANAND Vs. STATE

JUDGEMENT

(1.) THE petitioner has been convicted by the Municipal Magistrate, Indore, under Section 12 of the Madhya Bharat Gambling Act (No. 51 of 1949) for the offence of gaming in a Public street. He has been fined Rs. 25/ -. The order also added that the money recovered from the Possession of the accused (petitioner) should be forfeited and sent to the Treasury. The petitioner went in appeal but the learned Third Additional Sessions Judge, Indore, dismissed this appeal. So he has come in revision to this Court.

(2.) THE only point pressed by Mr. Ojha, learned Counsel for the Petitioner, is that the Courts below were in error in passing an order of confiscating the money found with the accused as there was no evidence to show that it was connected in any way with the commission of the crime and there is nothing on record to justify a presumption that it was an instrument of gaming or money received as bet.

(3.) MR. Ojha places reliance on the wording Of Section 12 of the Act, the material portion of Which is as follows: