ORDER H.C.P. Tripathi, J. - Applicant was convicted by a Magistrate Firs Class u/s 13 of the Gambling Act and sentenced to pay a fine of Rs. 100/- . In default of payment of fine he was directed to undergo six weeks' simple imprisonment. On appeal his conviction and sentence were affirmed by the learned temporary Civil and Sessions Judge, Muzaffarnagar. Hence this revision. 2. According to the prosecution Applicant was found in possession of a Parcha Satta (Exhibit 1) and gaming on a public street near the Gaoshala in the town of Kairana on 21-8-1965 at about 5-45 p.m. 3. Applicant had denied the recovery and stated to have been called from his shop and arrested. He examined three witnesses in his defence. 4. The prosecution case of the recovery of the Parcha Satta was testified by constable Feroz Ahmad and two members of the public paltu and Sharif. 5. The courts below relied on the testimony of the prosecution witnesses and recorded a conviction of the Applicant. 6. Learned Counsel for the Applicant has argued that the Parcha Satta which was summoned by this Court is not available and the report oft he District Judge shows that it has been destroyed. Learned Counsel contends that in the absence of the Parcha Satta it is difficult to hold that the chit of paper alleged to have been recovered from the possession of the Applicant was necessarily a Parcha Satta. 7. Be that as it may in view of the destruction of Parcha Satta (Ex. 1) which was the basis of the prosecution and conviction of the Applicant even when his revision was pending there is no other option but to acquit him. 8. In the result this revision is allowed. The conviction and sentence of the Applicant is set aside. Fine, if paid, shall be refunded. Revision allowed.