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1971 DIGILAW 459 (ALL)

Jagdish v. State of U. P.

1971-10-14

S.D.KHARE

body1971
JUDGMENT S.D. Khare, J. - This is an application in revision directed against an order dated January 30, 1970, passed by the learned Session Judge, Muzaffarnagar, maintaining the conviction of the applicant under section 13 of the Public Gambling Act but reducing the sentence from Rs. 250 to Rs. 100 as fine. 2. The applicant was found in possession of two Satta parchas when S.I. Yashpal Talwar (P.W. 1) took his search on October 27, 1968, at a place close to Savitri Coal Depot on the Hanuman Road, in village Bahawari. Placing reliance on the prosecution evidence the learned Magistrate convicted the applicant under section 13 of the Public Gambling Act and sentenced him to pay, a fine of Rs. 250. On an appeal being filed before the learned Sessions Judge, Muzaffarnagar, the only point canvassed was that the sentence awarded was excessive. The learned counsel for the applicant did not address any arguments on merits and confined himself solely to the question of sentence. The lower appellate court reduced the sentence from a fine of Rs. 250 to a fine of Rs. 100 only. 3. The only point raised in this revision application is that mere possession of satta parcha will not be an offence punishable under section 13 of the Gambling Act.,In my opinion there is no force in this contention. 4. A perusal of the satta parcha recovered from the possession of the applicant will clearly show that they must have been written out for the purpose of gaming. "Instruments of gaming" has been defined in section 1 of the Public Gambling Act as follows : "Instruments of gaming" includes any rate used as a means or appurtenance of, or for the purpose of carrying on or facilitating, gaming ; and, in particular, satta papers, that is to say, any document wherein may be recorded any words and/or figures evidencing bets and used or intended to be used for or in connection with gaming; Explanation. 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." 5. 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." 5. A perusal of the satta parcha recovered from the possession of the present applicant clearly shows that they must have been used for the purposes of gaming, and the words and figures as contained in those satta parchas prima facie appear to be evidence of bets. No explanation was given by the applicant in respect of these documents recovered from his possession. In these circumstances the applicant could have been convicted under section 13 of the Public Gambling Act. 6. It was held by a Division Bench of this Court in the case of State of U. P. v. Mangat, 1970 ALJ 992 that where any person is found in any public street, place or thoroughfare in possession of instruments of gaming which included satta parcha, he would be guilty of an offence under section 13 of the Public Gambling Act. The view to the contrary taken by the learned single Judge in the case of Habib Ahmad v. State, 1966 ACC 105 and Shyam Lal v. State, AIR 1969 Allahabad 183 was not accepted by the Division Bench. 7. The sentence does not appear to be excessive. There is no force in this revision and it is dismissed.