SUBHASH CHANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed the present revision petition against the judgment dated 04.02.2006 passed by Addl. Session Judge, (Adhoc), Fast Track Court, Sri Muktsar Sahib, whereby his appeal against the judgment and order of sentence dated 09.11.2004 passed by Sub Divisional Judicial Magistrate, Malout, was dismissed.

(2.) Vide judgment dated 09.11.2004, the learned Magistrate held the petitioner guilty of offence punishable under Section 13-A of the Public Gambling Act, 1867 (herein after referred as ''the Act") and convicted and sentenced him to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.500/- In default of payment of fine to further undergo rigorous imprisonment for one month.

(3.) Briefly stated the facts of the case are that when a police party was present near Edward Ganj Guest House, Malout Chowk Road in the area of City Malout, ASI Harnek Singh received a secret information that the petitioner is gambling by means of Darra Satta at Jandiwala Chowk i.e. a public place and was proclaiming loudly whosoever stake Rs.10/- with him, he would give him Rs.70/- and if the number does not come, the staked money would be forfeited. ASI Harnek Singh sent ruqa to the police station, on the basis of which FIR was recorded. LC Swaran Singh was handed over a five rupees note bearing No.44R614080 and was directed to stake the same at Serial No. 36 and to obtain Parchi Darra Satta. He was further asked to signal to shadow witness ASI Harbans Singh. Both of them acted accordingly. ASI Harnek Singh apprehended the accused-petitioner red handed with the help of his companions. On his personal search, piece of Gatta, refill ball pen, Parcha Darra Satta, currency notes amounting to Rs.427/- including the numbered note and some blank parchies, were recovered, which were taken into custody, vide separate recovery memos.