KISHORI LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) APPLICANT has preferred this criminal revision under Section 397 read with Section 401 of Cr.P.C. aggrieved by the impugned judgment dated 21 -11 -2000 passed by the Session Judge, Gwalior in Criminal Appeal No.274/2005; whereby affirmed the judgment dated 21 -2 -2005 passed by J.M.F.C., Gwalior in criminal case no. 1407/04 with regard to the seized currency of Rs. 16850/ - for confiscation in favour of the State.

(2.) BRIEF facts of the case are that Police Gwalior after receiving the secret information reached at Subhash Nagar Gate and caught the applicant/ accused Kishori Lal who is alleged to be cutting a gambling chit and from his possession a sum of Rs.16850/ - had been seized. After due investigation, a case under Section 4A of the Gambling Act had been filed before the JMFC concerned. After due appreciation, the learned trial court by judgment dated 21 -2 -2005 acquitted the applicant/accused from the charge under Section 4A of the Gambling Act but by the same judgment ordered for confiscation of the seized amount of Rs. 16850/ -which had been seized from the possession of the applicant.

(3.) AGGRIEVED by aforesaid part of the impugned judgment, the applicant had preferred criminal appeal no.274/05 before the Session Judge, Gwalior, learned appellate court by judgment dated 21 -11 -2005 dismissed the appeal and affirmed the order of confiscation of the seized amount passed by the trial court, hence, this revision on behalf of the applicant.