STATE OF ORISSA Vs. GOPALJI AND 16 ORS.

JUDGEMENT

(1.) THIS is an appeal by the State against an order dated 27 -8 -1963, passed by the Judicial Magistrate, II Class, Sambalpur, acquitting the Respondents of offences under Sections 3 and 4 of the Orissa Prevention of Gambling Act.

(2.) THE Officer -in -Charge of the Sadar Police Station, Sambalpur, received information that gambling was going on in the house of accused Chhagan Lal at Sansadak, a place within the town Sambalpur and made note of the information at several places in his personal diary and ultimately 011 23 -7 -1963, he obtained a search warrant from the Section D.O., Sadar, and proceeded to the spot with his A.S.I. (p.w. 3) and some other witnesses of the locality. Reaching the house of Chhagan Lal he found all the accused persons gambling with cards and cash. He seized the cash and the cards under seizure list, ext. 9, and submitted a prosecution report (ext. 10) on the following day, under section 4 against accused Chhagan Lal and under section 3 against all other accused persons. In due course cognizance was taken and the accused persons were summoned to stand their trial. The accused persons admitted that they were there in the house of Chhagan Lal, but contended that they were invited on the occasion of the birthday ceremony of his daughter.

(3.) IN support of its case, the prosecution examined three witnesses, P.W. 1 the officer -incharge, P.W. 2 an outsider search witness, and P.W. 3 the A.S.I.