CHIMANLAL Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Chiman Lal, who was convicted by the learned First Class Magistrate No. 2, Jaipur City, under Section 3/4 of the rajasthan Public Gambling Ordinance, 1949, and sentenced to a fine of Rs. 25.

(2.) ACCORDING to the prosecution it was learnt on reliable information that the applicant Chiman Lal was keeping a gaming house in Johari Bazar, Jaipur City. On this information a warrant was obtained from the Superintendent of Police, District jaipur, under Section 5 of the Rajasthan Public Gambling Ordinance, 1949 (hereinafter to be referred to as the Gambling Ordinance ). On 18-10-1956, Sub-Inspector Bahadur Singh, S. H. O. , Police Station Manak Chauk, with this warrant went to the stall of the applicant in Johari Bazar, gave a one-rupee currency note No. K/60-632016 after initialling to Teju P. W. 1, (hereinafter to be referred to as the punter) and directed him to stake annas -/8/on figure 8 and the remaining annas -/8/- on, figure 7. The punter accordingly went to the stall of the applicant on the same date after nightfall, and staked annas -/12/- on figure 8 and annas -/8/-on figure 7 with the applicant. Soon after his staking a raid was made by Bahadur Singh's party on the stall of the applicant, and the initialled currency note, which had been handed over by the punter to the applicant was recovered from the stall. Four pieces of paper are also said to have been recovered from the said stall, but as no reliance has been placed by the learned Magistrate nor are they traceable on the file at present, I take no account of them.

(3.) THE prosecution produced the punter as P. W. 1, and also examined Shri bahadur Singh as P. W. 3, and one Hazari Lal as P. W. 2. It may be mentioned that at the time of the delivery of the initialled currency note by Shri Bahadur singh to the punter, a memo Ex. P. 2 was prepared by the Sub-Inspector. At the time of the recovery of the currency note in question, recovery memo Ex. P. 3 was prepared. Ex. P. 3 appears to have been thumb marked by Hazari Lal P. W. 2. The punter deposed that the currency note in question was given after initialling by Shri Bahadur Singh to him for the purpose of staking annas -/8/- on figure 7 and annas -/12/-on figure 8, and that the sum of annas -/4/- was to be contributed by the punter himself. He went to the stall of the applicant, handed him the initialled currency note as well as two two-anna pieces, and asked him to stake the sum of annas -/12/- out of it on figure 8 and annas -/8/- on figure 7. Thereafter he signalled to the Sub-Inspector, Shri Bahadur Singh, to search the stall and find out the said currency note. He is corroborated by the evidence of Shri Bahadur Singh, except that the latter says that he had asked the punter to stake annas -/8/- on figure 7 and the remaining annas -/8/- on figure 8.