Expert testimony is not mandatory to prove that seized articles are instruments of gaming under the Bombay Prevention of Gambling Act, 1887, and the need for corroboration of a police officer's evidence depends on the facts and circumstances of each case.

Judgement

RAMASWAMI, J. : This appeal is brought by the State of Gujarat against the judgment of the High Court of Gujarat at Ahmedabad, dated November 4, 1963 in Criminal Appeal No. 734 of 1962.

2. The respondent was charged in the Court of the Judicial Magistrate, First Class, Bulsar, under Ss. 4 and 5 of the Bombay Prevention of Gambling Act, 1887 (Bombay Act IV of 1887), hereinafter called the Act . The case of the prosecution was that on January 31, 1962 at about 9 p.m. the respondent was found accepting bets on American futures. On being searched in the presence of panchas currency notes of Rs. 119 and two slips on which American futures were recorded were found. The trying Magistrate, however, held that slips were not "instruments of gaming within the meaning of S. 7 of the Act. The Magistrate was also not satisfied that the police officer who carried out the search and seized the articles had reasonable grounds to believe that the slips and other articles recovered from the respondent were instruments of gaming. The Magistrate held that the presumption under S. 7 of the Act could not be raised. The respondent was, therefore, acquitted of the charge. Against the order of acquittal the State of Gujarat preferred an appeal to the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 734 of 1962. The appeal was dismissed by Raju, J. on November 4, 1963.

3. In support of this appeal Mr. Patwardhan submitted that the High Court was in error in holding that it is necessary to examine an expert to corroborate the evidence of the prosecuting Sub-Inspector that the articles seized were instruments of gaming . It was also contended by Counsel that the High Court was not right in taking the view that the evidence of the Police Inspector to whom the warrant was issued under S. 6 of the Act required corroboration in each and every case. In our opinion, both the contentions of Mr. Patwardhan are well-founded and must be accepted as correct.

4. Section 3 of the Act defines the expression "instruments of gaming as including any article used or intended to be used as a subject or means of gaming, any documents used or intended to be used as a register or record or evidence of any gaming, the proceeds of any gaming, and any winnings or prizes in money or otherwise distributed or intended to be distributed in respect of any gaming. Section 6 provides for entry and search by police officers in gaming houses. Section 6 (1) states:

"6. (1) It shall be lawful for a Police Officer-

(i) in any area for which a Commissioner of Police has been appointed not below the rank of a Sub-Inspector and either empowered by a general order in writing or authorized in each case by special warrant issued by the Commissioner of Police, and

(ii) elsewhere not below the rank of a Sub-Inspector of Police authorised by special warrant issued in each case by a District Magistrate or Sub-Divisional Magistrate or by a Taluka Magistrate specially empowered by the State Government in this behalf or by a Superintendent of Police or by an Assistant or Deputy Superintendent of Police especially empowered by the State Government in this behalf. and

(iii) without prejudice to the provision in Cl. (ii) above, in such other area as the State Government may, by notification in the Official Gazette, specify in this behalf, not below the rank of a Sub-Inspector and empowered by general order in writing issued by the District Magistrate.

(a) to enter, with the assistance of such persons as may be found necessary, by night or by day, and by force, if necessary, any house, room or place which he has reason to suspect is used as a common gaming-house.

(b) to search all parts of the house, room, or place which he shall have so entered, when he shall have reason to suspect that any instruments of gaming are concealed therein, and also the persons whom he shall find therein whether such persons are then actually gaming or not.

(c) to take into custody and bring before a Magistrate all