MONI KANTA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Revision raises an important question on the interpretation and scope of Sections 18 and 19 of the Assam Games and Betting Act, 1970 (hereinafter called the Act). The material facts which give rise to this revision may be briefly stated.

(2.) Shri Bhola Nath Bhuyan, C.I.D. Sub-Inspector of Police, P.W. 4, arrested the accused, Moni Kanta Gogoi, on 5.12.74, while the latter was selling 'Teer' tickets in a pan-goomti at Dispur. Shri Birendra Chandra Mohanta, another C.I.D. Sub-Inspector of Police, and some others of his staff accompanied P.W. 4, Shri Bhola Nath Bhuyan. Shri Bhuyan seized the following articles by preparing a seizure memo in presence of witnesses from the possession of the accused. The articles are:

(3.) Before the trial court, the accused pleaded not guilty to the charge. Prosecution examined four witnesses to prove its case. The learned Chief Judicial Magistrate, accepting the case of the prosecution, convicted the accused for an offence under Sec. 14 of the Act with which he was charged and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000.00; and, in default, to undergo further rigorous imprisonment for two months. The accused went in appeal to the Sessions Judge, Kamrup, Gauhati, in Criminal Appeal No. 40 (K-2)/76; but the appeal was dismissed. Hence this revision.