Wanchoo, C.J.—This is an appeal by the state against the acquittal of Pyarelal of an offence under sec. 13 of the Rajasthan Public Gambling Ordinance, 1949 (No. XLVIII of 1949).

2. It appears that the challan in this case was presented to the City Magistrate Jodbpur on 8th of February, 1951. The case was thereafter transferred on that very day to the Extra Magistrate for disposal. On that day the property concerned in the case was not brought and, therefore, the statement of the witnesses could not be taken. The case was put off to the 9th of February when the statement of the accused was taken. But the prosecution evidence could not begin as the property with respect to which the statements were to be taken had not been brought. The case was then fixed for 13th of March 1951 and on that day again the property was not produced in court. Thereupon the Magistrate closed the case for the prosecution & acquitted the accused as there was no evidence in support of the prosecution case. The present appeal is against this order of Magistrate.

3. It appears that the property was in the possession of the police, and therefore the fault lay primarily with them. Even so we might have ordered ret

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