DEBI BHATTACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision is directed against the conviction of the accused Under Section 14 of the Assam Games and Betting Act, 1970. The petitioner was sentenced to suffer rigorous imprisonment for 6 months and to pay a fine of Rs. 1000/ -. in default, to suffer R. I. for another 15 days. On appeal, the conviction and sentences have been upheld by the learned Sessions Judge.

(2.) THE case against the petitioner is that on 14 -3 -1975 at about 2.45 P.M. he was found selling Teer tickets at Maligaon and was found in possession of some 'instruments of betting.' He was arrested by the Police and the instru ments were seized. On completion of investigation the police submitted charge -sheet against the accused. The prosecution examined 4 witnesses. P. W. 1 Anil Paul stated that there was a crowd in front of his shop and Police asked him to sign a seizure list whereupon he put his signature. However, he was never shown what had been seized by the police. He said that he was not aware whether the accused sold any teer tickets. P. W. 2 Arun patwary said in the same tune. He said that on preparation of the seizure list it was brought to him and he signed it. He said that he saw some teer tickets, dot pen, however, no money was shown to him. He said that he never saw the accused selling teer tickets nor was he reported about it by the Police P. W. 3 A. K. Saha. S. I. of Police (CID) staled that he saw one person selling teer tickets and identified the accused as the person. Teer tickets, cash of Rs. 23.15, one dot pen were seized and the accused was arrested, P. W. 4 Bholanath Bhuyan is S. I. of Police in C1D Branch. He stated that he saw the accused selling teer tickets in front of the Chowrangee Hotel and the accused was apprehended by them. The accused was found in possession of leer tickets, cash of Rs. 23.15 P. A seizure list was prepared and subsequently an ejahar lodged.

(3.) GAMING or gambling is a misdemeanour by statute. Ordinarily the acts are taken as fun pleasure, pastime or means of recreation or excitement. However, law forbids betting and treats them as crimes against public policy. But the constituent of the crime defined in the Act must be proved by the prosecution. The crime alleged against the petitioner was that he was found selling 'teer betting tickets' and found in possession of some instruments, like dot pen, teer tickets and cash.