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SIDDHARTHA ROY CHOWDHURY
Uttam Harijan – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Siddhartha Roy Chowdhury, J. - This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure, seeking order quashing the judgement passed by learned Additional Sessions Judge, Fast Track, 1st Court, Cooch Behar in Criminal Appeal No. 30 of 2003 affirming the judgement and order of conviction passed by learned Judicial Magistrate, 2nd Court, Cooch Behar in G.R. Case No. 351/02 (T.R. No. 14 of 2003 on 19th November, 2003).
2. Briefly stated, on 14th October, 2001 at about 22.15 hours Town Sub- Inspector of Police held a raid in the house of Uttam Harijan and found four persons including Uttam were playing cards in lieu of money, using the said house as common gaming house. The persons engaged in gambling made an unsuccessful attempt to flee the place of occurrence. All of them were rounded up and police arrested 52 pieces of playing cards, one candle and a sum of Rs. 7210/- as alamat and board money.
3. On the basis of information given by S.I. Suroj Thakuri, Kotwali P.S. Case No. 344 of 2002 was registered on 15th October, 2002. Police took up investigation, submitted charge sheet against all the four accused persons under Section 3/4/11 of W
The prosecution must prove beyond reasonable doubt that the accused were engaged in activities prohibited by the relevant legislation, and the court must carefully evaluate the evidence presented.
Forfeiture of seized amount is only applicable if the person is convicted for the offence punishable under Section 12 of the Gambling Act.
Insufficient evidence to classify premises as a gaming house under the Telangana State Gaming Act leads to quashing of proceedings against the accused.
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