RAM SARUP Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) THE sole controversy in this revision petition is, whether the playing of cards at some stakes would amount to gaming wagering or betting and thus fall under the provisions of section 13 of the Public Gambling Act.

(2.) THE brief resume of facts relevant for the disposal of this petition is that on 1-6-1983 at about 5 30 p.m., A.S.I. Sushil Kumar on the basis of secret information, after joining Anil Kumar P.W. went to the Leisure Valley, Sector 10, Chandigarh. Ram Surup accused-petitioner and Goverdhan Lal were found playing cards and Rs. 100/- lying on the floor in between them. These two persons threw the cards at the sight of the police party. They were apprehended. Another amount of Rs. 210/- was recovered from Ram Sarup from the personal search and Rs. 300/- from Goverdhan Lal. The trial Court convicted both Ram Sarup and Goverdhan Lal for an offence under section 13 of the Public Gambling Act, but released each one of them on probation under section 13 of the Probation of Offenders Act besides administering due admonition. The learned Additional Sessions Judge, Chandigarh, confirmed the order of conviction and sentence of the trial Court.

(3.) SIMILAR controversy was settled by the Allahabad High Court in Baldeo and others v. Rex, AIR 1952 Allahabad 817, by holding as under :