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1981 Supreme(Gau) 146

B.L.HANSARIA
Ajit Banik – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
S.S.Rahman, K.P.Sharma, S.K.Sen

Hansaria, J.-

This revision requires three question in the main to be answered : (1) whether the articles said to be teer tickets were found in the possession of the petitioner; (2) whether these tickets could be called instruments of betting; and (3) whether there was any violation of section 7 of the Assam Games and Betting Act, 1970, for short the Act.

2. These questions need determination as the petitioner was found guilty under section 14 of the Act whose lethality operates, inter alia, when anybody is found in possession of any instruments of betting. The learned trial court was satis­fied about the guilt of the accused and awarded minimum punishment provided by law which is R. I. for six months and a fine of Rs. 1000/-. The same has been upheld by the lear­ned Sessions Judge on appeal. Hence this revision.

3. It has given me pleasure to find that Mr. Sarma, a comparatively junior counsel has worked hard and tried his best to save the petition. His first attack is that there was no clinching evidence regarding seizure of material Exts. 1 to 14, described as teer tickets, from the possession of the peti­tioner. This submission has been made because PW-2 alone has testified about








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