BABULAL Vs. STATE

JUDGEMENT

(1.) THIS reference is made by the Sessions Judge, Bhopal against an order passed by the First Class Magistrate, Bhopal with respect to disposal of some property produced before him by the police.

(2.) FACTS of the case are that on 7 -11 -1956 at about 12 -30 a.m. the police raided the house of the Petitioner and in the search that followed, seized certain playing cards and cash. It was alleged by the prosecution that the Petitioner and other persons were gambling and that the cards and money which was seized in the search were instruments of gaming. Upon these facts, the Petitioner and other persons were prosecuted. The Petitioner was charged for offences under Sections 3 and 4 of the Gambling Act. The learned Magistrate, however, found all the accused not guilty and acquitted them, by his judgment doled 9 -7 -1957. He however, ordered that the amount seized by the police in their search be forfeited to the Government and the playing cards should be destroyed.

(3.) THE reference is not opposed by Mr. Bhambhanl, learned Government Advocate and in my opinion, he was quite right in doing so. The learned Magistrate ordered the amount to be forfeited because he believed that the Petitioner had disclaimed the ownership of the money. This is far from correct. The Petitioner in his statement before the learned Magistrate has claimed the money to be his. What was denied by him was that the money was seized on the spot as alleged by the prosecution, his contention being that Rs. 65 were recovered by the police from his pocket and Rs. 350 were forcibly removed from his box. The observations of the Magistrate that the Petitioner disclaimed the money is not correct. The order passed by the Magistrate must therefore be set aside. Apart from this, according to prosecution, case itself, the amount in dispute was seized from the house of the Petitioner and when he was acquitted, the proper order would be to return it to the person from whose possession it was seized.