ASIM KUMAR MONDAL, J. - (1.) THIS is an application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners challenging the judgment and order dated 29th April, 2011 passed by Ld. Additional Chief Judicial Magistrate, Kakdwip, South 24-Parganas. In connection with G.R. Case No.1055 of 2009 under Sections 3 and 4 of West Bengal Gambling and prize competition Act, 1957. The case of the petitioners is that Sub-Inspector of police attached with Kakdwip Police Station lodged a written complaint on 9th August, 2005 alleging that on the said day at about 20.40 hours he alongwith some other police personnels conducted raid at the Fish Mill Office of one Pradip Paul and seized a huge amount of cash to the tune of Rupees one lakh fifty eight thousand and six hundred along with two sets of playing cards, candle sticks etc. and arrested the present petitioners along with the same other persons and produced them to the police station. On the basis of complaint police registered a case against the present petitioners and after completion of investigation submitted charge-sheet. Charge was framed accordingly and in course of trial two witnesses were examined on behalf of the State. Ld. Magistrate discharged the present petitioners from the Bail Bonds finding them as non- equity, but confiscated the seized money of Rupees one lakh fifty eight thousand six hundred.
(2.) THE petitioners being aggrieved and dissatisfied the said order and judgment has preferred the present revisional application on the grounds that the petitioners were implicated in a false and fabricated case alleging gambling and seized money from them under threat. That the petitioners were not examined by the Trial Court under the provision of Section 313 of the Criminal Procedure Code nor they were asked about the ownership of seized money of Rupees one lakh fifty eight thousand six hundred.
(3.) THAT the Ld. Trial Court neglected the claim of the petitioners about the ownership of money.;