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 ac