SAURABH VERMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 482 of the Code of Criminal Procedure is for quashing of FIR No.98, dtd. 25/7/2020, registered under Sec. 13-A of the Public Gambling Act, 1867 (hereinafter referred as 'the Act'), registered at Police Station Division No.2, Jalandhar, Annexure P-1, charge-sheet dtd. 6/8/2020, Annexure P-3, order dtd. 18/4/2022, Annexure P-5 passed by the trial Court dismissing an application filed for discharge, framing of charge dtd. 18/4/2022, Annexure P-6 and charge-sheet dtd. 18/4/2022, Annexure P-7.

(2.) Pithily put, the prosecution version is that during a private vehicle patrolling to check bad elements, the ASI who was present at the workshop chowk received a secret information that the petitioner, a resident of BSF Colony, Jalandhar, has been doing betting on cricket matches from the last few years and has kept heavy amount earned from the same. On that day also he was doing betting on the cricket test match between West Indies and England while sitting at his house, who can be nabbed with laptop, mobile phone and with heavy amount of Indian currency. The said ASI with police officials raided the house of the petitioner at 9.40 pm on 25/7/2020 and recovered an amount of Rs.1,23,50,000.00 alleged to be gambling money from his possession alongwith laptop and mobile phone. The amount recovered was deposited with the Income Tax Department. Final report in the case was presented on 30/7/2020.

(3.) Learned counsel submitted that the application for discharge was dismissed by the trial Court vide order dtd. 18/4/2022 on the ground that at the time of framing of the charges only prima facie case is to be seen. Thereafter, the charges against the petitioner were framed vide order dtd. 18/4/2022, Annexure P-7, under Sec. 13-A of The Public Gambling Act (hereinafter referred to as "The Act ").