STATE Vs. PYARELAL

JUDGEMENT

(1.) This is an appeal by the State against the acquittal of Pyarelal of an offence under Section 13, Rajasthan Public Gambling Ordinance, 1949 (48 of 1949).

(2.) It appears that the challan in this case was presented to the City Magistrate Jodhpur on 8-2-1951. The case was thereafter transferred on that very day to the Extra Magistrate for disposal. On that day the property concerned in the case was not brought and, therefore, the statements of the witnesses could not be taken. The case was put off to 9th February when the statement of the accused was taken. But the prosecution evidence could not begin as the property with respect to which the statements were to be taken had not been brought. The case was then fixed for 13-3-1951 and on that day again the property was not produced in Court. Thereupon the Magistrate closed the case for the prosecution and acquitted the accused as there was no evidence in support of the prosecution case. The present appeal is against this order of the Magistrate.

(3.) It appears that the property was in the possession of the police, and therefore the fault lay primarily with them. Even so we might have ordered retrial; but we find that it would not be worthwhile having a retrial for there is no case made out against Pyarelal under Section 13, Rajasthan Public Gambling Ordinance, even accepting the facts as given in the report of Sub-Inspector Kanaiyalal as correct.