BIJAY PRAMANIK Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision directed against the order impugned dated 12.9.2007 passed by Sri A. Kumar, judcial Magistrate, 1st Class, Seraikella in G.K. No. 737 of 2006 by which the discharge petition fred on behalf of the petitioner was rejected.

(2.) Prosecution story in short was that a case was registered under Section 3/4 of the Bihar Ban on Lotteries Act, 1993 read with Section 11 of the Gambling Act on the basis of self-statement of the officer in-charge of Seraikella police station alleging, inter alia, that accused petitioner had been selling lottery tickets in the market in alluring the people who used to assemble there to purchase lottery tickets Petitioner was arrestee: along with lottery ticket of the different Slates and with certain cash. The police after investigation submitted charge-sheet and. accordingly, cognizance was taken for the alleged offence under Section 11 of the Gambling Act as also under Sections 3/4 of the Bihar Ban on Lotteries Act, 1993. Petitioner had raised the point before the court-below that selling of lottery tickets did not come within the mischief of Section 11 of the Gambling Act and that the Bihar Ban on Lotteries Act had got no force pursuant to the decision made by this Court in W.P.(Cr.) No. 200 of 2004.

(3.) Heard Mr. Sarkbel, the learned Counsel appearing on behalf of the petitioner as also Mr. R.R. Mishra, the learned G.P. II.