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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Nirmal Ghosh, S/o. Lt. Bipin Ghosh – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. procedural history and factual background of the gambling conviction. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. summary of rival contentions regarding procedural legality and sentencing. (Para 10 , 11 , 12 , 13 , 14) |
| 3. application of statutory presumptions under the assam games and betting act. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. mandatory consideration of probation for first-time offenders. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 5. final order granting probation and discharging bail obligations. (Para 42 , 43 , 44) |
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard Mr. K J Saikia, learned counsel for the petitioners. Also heard Ms. S H Bora, learned Additional Public Prosecutor, Assam for the State.
2. By way of this revision petition filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973, the accused petitioners have assailed the judgment and order dated 23.09.2013 passed by the learned Additional Sessions Judge, Dibrugarh in Criminal Appeal No. 28(2)/2012, whereby the judgment and order dated 30.04.2012 passed by the learned Chief Judicial Magistrate, Dibrugarh in G.R. Case No. 1017/2009 w
In cases involving first-time offenders, courts must mandatorily consider the applicability of probation laws. While statutory presumptions in special statutes support conviction, sentencing should p....
The prosecution must prove possession of betting instruments for conviction under the Assam Game & Betting Act, 1970.
Illegality in investigation goes to root of matter.
The investigation in a non-cognizable offence at the hands of the police without permission of the competent Magistrate is impermissible.
Games of skill cannot be prosecuted under laws applicable to games of chance due to lack of evidence establishing the nature of the game involved.
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