ORDER G.B. Capoor, J. - This application in revision and applications in revision Nos. 822 of 1964, 564 of 1964, 690 of 1964 may conveniently be dealt with together as a common question of law arises in all of them. The application in revision No. 564 of 1964 is directed against an appellate order of the learned Sessions Judge, Mathura and the remaining revision petitions arise out of appellate orders of the learned Sessions Judge, Saharanpur. The appeals preferred by the Appellants were dismissed by the appellate orders referred to above. 2. The facts leading to the prosecution of Habib Ahmad who has tiled original revision No. 395 of 1964 were that on 15th May 1963 Head Constable Muzammil Hussain received information that the aforesaid applicant who was a sattawala would be going towards Mohalla Hiran maran and accordingly he collected some witnesses from a hotel and waited near the Kumar Talkies. At about 1 P.M. on the same day, the aforesaid applicant happened to pass that way. He was made to stop and as a result of the search of his person, two sstta parchas Exts. 1 and 2, a piece of pencil and a sum of Rs. 4.50 nP. were recovered from his posses-sion. The satta parchas were duly sealed and as a result or investigation, the aforesaid applicant was prosecuted. 3. Criminal Revision No. 822 of 1964 has been filed by Om Prakash alias Omi, Peare Lal and Chaman Lal. The prosecution-case was that on 19th of August 1963 at about 6.30 P.M. Head Constable Raj Singh of outpost Nawabganj received information that Om Prakash was accepting satta parchas and cash from Peare Lal. Along with three non officials the Head Constable proceeded to the place where the satta parchas were to be handed over to Om Prakash. As soon as Peare Lal handed some papers and money to Om Prakash, the raiding party which had taken cover behind a room rushed forward and arrested the aforesaid applicants. As a result of search three satta parchas and Rs. 50/- were recovered from the possession of Omi, five satta parchas and some cash were recovered from the possession of Chaman Lal. 4. Jai Bhagwan is the applicant of Criminal Revision No. 699 of 1964. The aforesaid applicant held a shop and used to accept "khai bari" at his shop. As a result of search three satta parchas and Rs. 50/- were recovered from the possession of Omi, five satta parchas and some cash were recovered from the possession of Chaman Lal. 4. Jai Bhagwan is the applicant of Criminal Revision No. 699 of 1964. The aforesaid applicant held a shop and used to accept "khai bari" at his shop. On 3rd of June 1962 Ram Singh, S.O. Kotwali Saharanpur went to the shop of the applicant along with some non officials and police constables. The party stationed itself behind a loaded truck from where the shop oftheap plicant was visible. One person went to the shop and offered 10 pice for "58". The applicant accepted the money and noted the stake on a parcha which was kept in the Bahi. There at the S.O. raided the shop and arrested the afore said applicant and as a result of search a satta parcha (Ex. 3), Bahi (Ex. 2), three other satta parchas (Exts 4, 5 and 6) and the sum of Rs. 464-58 nP. were recovered from the dibba in which 10 nP. had been put by the applicant. The applicants of the remaining revision petition No. 564 of 1964 are Keshav Deo, Trilok Chand and Khiloni. It was generally reputed that Keshav Deo was using his house situate in Kosikalan, District Mathura as a common gaming house. The S.O. Kosikalan obtained a search warrant u/s 5 of the Public Gambling Act from the Superintendent of Police Mathura on 3rd of January 1963 and on 4th of January 1963 he along with soma members of the police force and four witnesses from the public went to the house of Keshav Dev and they noticed that Keshav Deo and his nephew Trilok Chand and Khiloni were copying out satta parchas. Trilok Chand was noting satta bets at the dictation of Keshav Deo and Khilauni. Khilauni was apprehended on the spot wnile Keshav Deo and Trilok Chand managed to escape. As a result of search 18 satta parchas and two Khitaunis- Exts 1 to 14 were recovered from the possession of Trilok Chand. 5. The applicants of all the revision petitions pleaded not guilty. Khilauni was apprehended on the spot wnile Keshav Deo and Trilok Chand managed to escape. As a result of search 18 satta parchas and two Khitaunis- Exts 1 to 14 were recovered from the possession of Trilok Chand. 5. The applicants of all the revision petitions pleaded not guilty. The case put forward by Keshav Deo was that the S.O. and certain other persons went to his house and said that they would effect a search and the S.O began to open box and stole two pieces of jewellery. The case put forward by Trilok Chand was that his wife was ill and when he returned from the market with the medicine he saw a constable standing at the entrance of his house and he heard Keshav Deo shouting that his jewellery had been stolen. The case put forward by Khilauni was more or less in the same tune. 6. The defense did not find favor with the learned trial courts which accepted the prosecution version and convicted the applicants. 7. The common question arising in the cases is as to whether the parchas recovered from the possession of the applicants were instruments of gaming. 'Instruments of gaming' is not defined in the Public Gambling Act No. Ill of 1867. By the United Provinces Public Gambling Act No. I of 1917 and No. 1 of 1925, instruments of gaming included any article used as a means or appurtenance of or for the purpose of carrying on or facilitating gaming. The aforesaid definition was amended by Act No. 21 of 1961 and the amended definition reads as below: Instruments of gaming" included any article used as a means or appur tenance of, or for the purpose of, carrying on or facilitating gaming and, in particular, satta paper that is to say, any document wherein may be recorded any words/or figure evidencing bets and used or intended to be used for or in connection will gaming", and "Explanation-If any document is recovered from the possession of any person containing words and/or figures, which prima facet appear to evidence bets, it shall be presumed that the word and figures evidence bets and the document was used or intended to be used for gaming unless the person aforesaid proves to the contrary. 8. 8. It will be noticed that the scope of the amended definition is wider and that inter alia it clarifies that satta papers are instruments of gaming and further that if any document is recovered from the possession of any person containing words and/or figures which prima facie appear to evidence bets, it shall be presumed that the words and figures evidence bets and the document was used or intended to be used for gaming unless the person aforesaid proves to the contrary. Before proceeding to discuss the effect of the amendment made in 1961 I would like to state that the definition of instruments of gaming as it stood prior to the amendment made in 1961 was the subject matter of discussion in several cases. In the case of Lachchi Ram Vs. Emperor, AIR 1922 All 61 the facts were these: As a result of raid at the shop of Lachi Ram, a book of tickets in a red cover and a cash box were found. The learned Judges who decided that caife were satisfied that the tickets contained in the book were being used as forms of memoranda to record bets. During the course of their judgment their Lordships observed that: The tickets in question and the cash box were instruments of gaming as they were used for the purpose of carrying on gaming. 9. In the case of Leela Ram v. Emperor (2) ( AIR 1923 All. 551 ), khree slips ot paper were found in a house that was raided by the police and a question arose to whether those slips of paper were instruments of gaming or not and Bajpai, J. speaking for the Court made the following observation: We are satisfied that these slips of paper did facilitate gaming. 10. In the case of Emperor v. Basant Lal (3) (1941 AWR (HC) 220), slips which were recovered from the shop of the accused persons were held to constitute instruments of gaming. 11. On behalf of the applicants reliance has been placed upon a decision of this Court in the case of Qadir v. State (4) ( 1960 AWR 129 ). In that case certain slips were reconverted. Those slips contained nothing but figures; some figures were mere numbers and others were of amounts of money and no name was written anywhere. Those slips were not held to be instruments of gaming. In that case certain slips were reconverted. Those slips contained nothing but figures; some figures were mere numbers and others were of amounts of money and no name was written anywhere. Those slips were not held to be instruments of gaming. It is significant that even in that case the slips recovered were held to be memoranda and record of bets. At page 130 (he following observations were made: If the slips are a record of bets (it is not suggested what else they are), they are nothing but documentary Evidence of gaming, and are no rafere instruments of gaming than any other evidence of gaming, such as a statement that gaming took place. Evidence of gaming cannot possibly be an instrument of gaming because evidence of gaming comes into existence after the gaming; An instrument of gaming must be an article which has been of some use in the course of gaming. Gaming is over as soon as bet is made no slips were required for making a bet or for accepting it. They may be used after the betting is over to record the bets, but they would not thereby become instruments of gaming. 12. With respect to the aforesaid observations, it may firstly be stated that the definition of instruments' of gaming which was considered in the aforesaid case was the one as it stood prior to the amendment made in 1961 and secondly that, was observed, in "the case of Sagar Ghand and Ors. v. State of U.P. (5) (1962 AWR 826) also, the question as to whether the slips of paper recovered constituted instrument of gaming or not, was not directly in issue. In the last mentioned case, following the earlier decisions of this Court, it was held that satta parches were not mere memoranda of bets, but were instruments of gaming used for the purposes of gaming. It is worthy of note that the definition of instrument of gaming which was considered in Sagar Ghand's case was not the amended definition, but the one which stood prior to the amendment made in 1961. It is worthy of note that the definition of instrument of gaming which was considered in Sagar Ghand's case was not the amended definition, but the one which stood prior to the amendment made in 1961. It would thus appear that even according to the law as it stood prior to the amendment made by U.P. Act 21 of 1961 satta parchas were held to be instruments of gaming except in the case of Qadir v. State (4).(supra) and even in that case the slips of paper recovered were held to be a record of bets. Thus there is preponderance of judicial authority that satta papers containing words or figures indicating bets are instruments of gaming. The scope of the definition of instrument of gaming has been considerably widened by the U.P. Act No. 21 of 1961 and, as already' observed, the explanation to the amended definition makes it clear that if any document containing words and/or figures which prima facie appear to evidence bets are recovered, it shall be presumed that the words and figures evidence bets and the document was used or intended to be used for gaming unless the person from whose possession they were recovered proves to the contrary. The expression "prima facie" according to Webster's Third New International" Dictionary means "At first view, on the first appearance, based on immediate impression, apparent, sell evident". The slips of papers alleged to have been recovered from the applicants are such which may be a record of bets and keeping in view the amended definition, those slips of paper must be held to be instruments of gaming unless the person from whose possession they were recovered proved to the contrary. In none of the cases under consideration was any attempt made on behalf of the applicants to prove that the slips of paper recovered evidenced a transaction other than one of bet or wager and those slips of paper must" therefore be held to be instruments of gaming. The finding recorded by the courts below that the slips of paper recovered from the possession of the applicants were instruments of gaming, does not, therefore, warrant or meirt any interference. 13. I now advert to the second contention advanced on behalf of the applicants of revision petitions Nos. The finding recorded by the courts below that the slips of paper recovered from the possession of the applicants were instruments of gaming, does not, therefore, warrant or meirt any interference. 13. I now advert to the second contention advanced on behalf of the applicants of revision petitions Nos. 395 of 1964 2nd 822 of 1964 that the conviction for the offence u/s 13 of the Public Gambling Act was bad inasmuch as the applicants were not found to be gaming. The relevant portion of Section 13 of the Public Gambling Act as amended by the United Provinces Amendments Act Nos. 5 of 1919 and I of 1925 reads as below: A police officer may apprehend without warrant any person found playing for money or other valuable thing with cards, dice, counters or other instruments of gaming used in playing any game not being a game of mere skill in any public street, place or thoroughfare situated within the limits aforesaid. 14. It will have been noticed that instruments of gaming were recovered from the possession of applicant Habib Ahmad while he was going towards Mohalla Hiran Maran. There is no allegation that the aforesaid applicant was found gaming in a public place. A mere possession of an instrument of gaming is not tantamount to gaming. In the case of Qadir (supra) it was held that mere recovery of instrument of gaming was not sufficient for a convictition u/s 13 of the Public Gambling Act. 15. I am, therefore, of the opinion that the conviction of the applicant Habib Ahmad for an offence u/s 13 of the Public Gambling Act is not sustainable. 16. Om Prakash alias Omi, Peare Lal and Chaman Lal, the applicants of Criminal Revision No. 822 of 1964 were not gaming at the time when they were apprehended. At that time Peare Lal applicant had handed over to Om Prakash alias Omi some satta parchas and cash and from the possession of Chaman Lal, five satta pirchasand some cash were recovered. The conviction of the aforesaid applicants is, therefore, not sustainable. Criminal Revison No. 699 of 1964- 17. The applicant was apprehended at his shop while accepting a bet from a person. Satta parchas and a Bahi in which a note of the bet had been made were recovered from his shop. The conviction of the aforesaid applicants is, therefore, not sustainable. Criminal Revison No. 699 of 1964- 17. The applicant was apprehended at his shop while accepting a bet from a person. Satta parchas and a Bahi in which a note of the bet had been made were recovered from his shop. He was thus rightly found guilty of the offences under Sections 3 and 4 of the Gambling Act. Criminal Revision No. 564 of 1964- 18. The house of Keshav Dev was searched after obtaining a search warrant from the Superintendent of Police, and instruments of gaming were recovered from the house as a result of search. The applicants were thus rightly found guilty of the offences under Sections 3 and 4 of the Gambling Act. 19. In conclusion, applications in Rev. Nos. 395 and 822 of 1964 are allowed, and the conviction of and the sentence awarded to the applicants of aforesaid Revision applications are set aside. The fine if paid by them shall be refunded. The other applications in revision Nos. 564 and 699 of 1964 are dismissed.