STATE Vs. SUJAN SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the Government through the Assistant Advocate General against the order of acquittal passed by Magistrate first class Srinagar.

(2.) ACCUSED No. 1 was challaned under Section 3 of the Gambling Act for owning or keeping a common gaming house and other respondents under Section 4 being found in a common gaining house.

(3.) IT appears that the District Superintendent of Police, Srinagar, received credible information that the hotel owned by accused No. 1 is used as a common gaming house and a number of persons actually go there for the purpose of gambling. The District Superintendent of Police accompanied by Mr. Tek Chand, Munsif magistrate first class, Srinagar and some police officers entered the hotel and the accused persons were arrested from inside. The place was searched and instruments of gaming were seized of which an Inventory was prepared and signed by the District Superintendent of Police. The accused persons arrested in the hotel were sent up for trial. The trial Magistrate has acquitted the accused on the ground that the inventory of the instruments of gaming was not prepared by the District Superintendent of Police in his own handwriting and he has further held that the search was not conducted by the District Superintendent of Police personally and as the provisions of Section 5 of the Gambling Act were not strictly complied with presumption under Section 6 on the basis of the recoveries could not be raised against the accused. The accused were accordingly acquitted, and the Government has filed the present appeal.