Nawab Singh J. - (1.) This petition is directed against the judgment dated June 14th , 2010 passed by Additional Sessions Judge, (Ad-hoc), Mansa affirming the judgment of conviction and order of sentence dated March June 10th , 2009 of Sub-Divisional Judicial Magistrate, Budhlada whereby petitioner was convicted under Section 13 of the Public Gambling Act, 1867 and sentenced to pay fine of Rs. 50/- with default stipulation.
(2.) Allegations, in brief, against the petitioner and his co-accused (non-petitioner) were that on January 15th , 2004 they were playing cards near Water Works, Budhlada when they were apprehended by the Police party.
(3.) The solitary submission of learned counsel for the petitioner is that prosecution failed to establish that petitioner was gaming and in the absence of the same, offence under Section 13 of the Act cannot be made out.;