9911796707
TMI Blog2017 (6) TMI 1398X X X X Extracts X X X X X X X X Extracts X X X X ..... dent/hall on rent from the petitioner for the purpose of recreational activities. Spot panchanama dated 23-5-2016 shows that P.S.I. Mankar of Police Station, Rajapeth received information that gambling was going on on the spot of incident i.e. recreation club, thereby they effected raid. Panchanama itself shows that no specific game is mentioned or played by the petitioner and other persons. Panchanama simply says that the petitioner and other persons were playing cards with money and those were seized. It appears that the respondent-police officer filed FIR on assumptions and presumptions stating that the petitioner was running common gaming house. There is nothing to show that the petitioner is/was running any common gaming house. The Div ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble forthwith. 3. By this petition which is filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, the petitioner is seeking appropriate writ, order and direction for quashing the FIR which is registered by Police Station, Rajapeth vide Crime No. 377/2016. During the pendency of the petition, charge sheet came to be filed against the petitioner, therefore, petition is amended and prayer is made for quashing and setting aside the charge sheet dated 14 6 2016. 4. Brief facts giving rise to the present petition are as under. (i) The petitioner is a well reputed person doing a business of Ice Factory and manufacturing of cold drinks and having deep roots in the society. (ii) Shivleela ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l activity in the cardroom, playing game of skill namely, Rummy with false table counters, at about 5.30 p.m., police officials of the respondent Police Station entered the premises of club at Saturna without any authority of law and without making any enquiry and without verifying as to whether the members were engaged in card game of skill i.e. Rummy, police authorities i.e. respondents registered false crime under Section 4 and 5 of the Maharashtra Prevention of Gambling Act, 1887 (hereinafter referred to as 'the Act') against the petitioner and 27 other persons who were present in the club including other members and employees of club and proceeded to seize all the articles belonging to the club. All the members were physically ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was seized from the person of the petitioner and other members. Panchanama does not show that the petitioner and other members were playing any game of chance/gambling. Therefore, act of the respondents arresting the petitioner is illegal. At last, Shri Kasat, learned counsel has submitted that during the pendency of this petition, charge sheet is filed. Learned counsel has pointed out copy of chargesheet and submitted that no prima facie case is made out for the offences punishable under Sections 4 and 5 of the Act. 7. In support of his submissions, Shri Kasat, learned counsel pointed out judgment of Division Bench of this Court reported in 2012 SCC Online Bom 832. Shri Kasat, learned counsel submitted that facts in the present case and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommon gaming house. 11. The Division Bench of this Court in the case of Jaywant Balkrishna Sail Vs. State of Maharashtra reported in 2012 SCC Online Bom 832 held that the prosecution has to prove that the accused were playing gambling i.e. the game of chance. In the cited judgment, accused were playing Rummy, they were arrested on the presumption that they were playing gambling. All they were playing Rummy in club. All they were reputed persons. The Division Bench in the cited judgment reproduced following judgments. (1) State of Andhra Pradesh v. K. Satyanarayan (2) Robert Elangoj v. Inspector of Police (3) Galib Hussain Khan v. State of Maharashtra (4) State of West Bengal v. Swapan Kumar Guha (5) Madhavrao Jiwajirao Scindia v. Sambhajira ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ming or present for the purpose of gaming, [ [shall on conviction be punished] with imprisonment which may extend to six months [and may also be punished with fine] ] : Provided that (a) for a first offence such imprisonment shall not be less than one month and fine shall not be less than two hundred rupees ; (b) for a second offence such imprisonment shall not be less than three months and fine shall not be less than two hundred rupees ; and (c) for a third or subsequent offence such imprisonment shall not be less than six months and fine shall not be less than two hundred rupees.] Any person found in any common gaming house during any gaming therein shall be presumed, until the contrary [is proved], to have been there for the purpose of g ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
