On 5.1.78 at about 12.30 P.M. Sub-Inspector of Police Jainal Abedin Khan, who was at the relevant time working in the C. 1. D. Branch of the Police Department at Gauhati found the accused-petitioner selling 'Teer' gambling tickets at Dispur market. Along with Jainal Abeddin Khan (P. W. 4) another police official Rabindra Sangma (P. W. 1) was also present. Accused-pe­rson was arrested, alleged instruments of gambling were seized and charge sheet under section 14 of the Assam Game 'and Betting Act, 1970, for short, 'the Act' was submitted.

2. The learned Judicial Magistrate, Gauhati found the accused petitioner guilty and convicted him accordingly under the afor­esaid section of the Act and sentenced him to rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- by his judgment and order dated 16.6.80 passed in GR Case No. 49/77. The appeal was also dismissed by the learned Additional Sess­ions Judge, Gauhati vide his judgment and order dated 16.6.80 passed in Criminal Appeal No. 26(K-3)/79. However, the learned lower appellate Court reduced the sentence of imprisonment to three months and fine to Rs. 500 (Rupees five hundred). Hence the present petition under section 39

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