- (1.)THIS is an appeal filed by the State against an order of acquittal passed by the municipal Magistrate, Indore, acquitting the three respondents who were prosecuted for olfence under Sections 3 and 4 of the Madhya Bharat Gambling Act.
(2.)ON 27-1-1934 Mr. Mahajan, the Sub-Inspector Incharge Malharganj Police station, received credible information that gambling in American Futures was carried on in the shop of respondent No. 1 Shambhudayal. He thereupon called one Azizulrehman and gave him a one-rupee note for offering a bet on figures '3' and '7'. Puncha- (sic) of delivery of the note to Azizulrehman was drawn up in which the number of the one-rupee note is mentioned. The Panchanama is produced in this case as P/1.
(3.)AS instructed by the police officer, Mr. Mahajan, Azizulrchman went to the shop of respondent No. 1 and offered six annas as bet on the figure of '3' and six annas as bet on the figure of '7' and delivered the one-rupee note to respondent No. 1. The note was accepted by respondent No. 1 and it is alleged that as instructed by him, respondent No. 2 who was his Munim, recorded the bet on a piece of paper on which other bets are also alleged to have been recorded. Azizulrehman then gave a signal and the police officer and the Puncha reached the place. They searched the shop of respondent No. 1 Shambhudayal and recovered in the search the one-rupee note article A and certain Panas or lists produced in this case as articles B, C, D and E. A Panchanama of this recovery was also drawn up and is produced in this case as Ex. P/2.