Participating in a lottery and being a winner of the prize does not constitute an offence under Section 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

JUDGMENT

Suvir Sehgal, J. - The petitioner is in revision challenging the judgment dated 09.10.2010 passed in Criminal Appeal No.26 dated 29.04.2006 by the Additional Sessions Judge, Sangrur.

2. As per the allegations in the FIR, secret information was received by the Sub-Inspector Harmik Singh that Shiv Kumar, Treasurer, Nirmal Singh, Secretary, Harjit Kumar, Master alongwith 4-5 other persons in connivance with each other were running a lottery and held a Lucky Draw on 27.03.2000. The draw was held by Krishna Gaushala Committee, Longowal and each ticket was worth Rs.100/. The first prize was of maruti car and there were other prizes also. All the said persons were alleged to have defrauded innocent people and had drawn the prizes in the names of their known persons. After registration of FIR, raid was conducted on the house of Nirmal Singh and prize articles belonging to Gaushala Committee Longowal were recovered. The maruti car was produced by the petitioner, Surjit Singh Kheri, which was taken into possession during the investigation. FIR was registered under Sections 120-B, 419 and 420 of Indian Penal Code (hereinafter referred to as "IPC"). Later on Section 3/4/5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (hereinafter referred to as "the Act") was added. The charges were framed against the petitioner and 3 other accused under the said provisions. The accused pleaded not guilty and claimed trial. The prosecution examined as many as fifteen witnesses but no witness was examined in the defence by the accused.

3. By its judgment dated 30.03.2006, the Court of Chief Judicial Magistrate, Sangrur convicted Nirmal Singh, Surjit Singh Kheri, Harjit Kumar, Master and Shiv Kumar for offence under Section 5 of the Act and sentenced them with a fine of Rs.3,000/- each and in default thereof, they were to undergo rigorous imprisonment for a period of six months. The trial Court found that no offence was made out under the provisions of the IPC.

4. Surjit Singh Kheri, petitioner herein, Harjit Kumar, Master and Shiv Kumar filed three separate appeals before the Sessions Court, Sangrur. After examining the evidence and the material produced by the prosecution, the Court of Additional Sessions Judge, Sangrur by a common judgment dated 09.10.2010 found that the prosecution had not been able to establish the guilt of Shiv Kumar and Harjit Kumar. Their appeals were allowed. Their conviction and sentences were set aside and they were acquitted of the charges. In the appeal filed by the present petitioner, the Court found that the prosecution had proved its case against him beyond all reasonable doubts and affirmed the findings of the trial Court and dismissed his appeal. Hence this revision.

5. Counsel for the parties have been heard and record has been examined with their assistance.

6. Sh. Ashok Bhardwaj, Advocate appearing for the petitioner has argued that the provisions of the Act are not attracted to the allegations levelled against the petitioner. While refuting the argument of the petitioner, Sh. K.S.Aulakh, appearing for the State has urged that the guilt of the petitioner has been established and he has been rightly convicted and sentenced under Section 5 of the Act.

7. Before adverting to the factual position, it is necessary to examine the statutory provisions of the Act. Section 2(c), 2(e) and Section 5 of the Act which are relevant for the purpose of adjudication of present revision are reproduced herein under:-

"2(c) "money circulation scheme" means any scheme, by whatever name called, for the making of quick or easy money, or for the receipt of any money or valuable thing as the consideration for a promise to pay money, on any event or contingency relative or applicable to the enrolment of members into the scheme, whether or not such money or thing is derived from the entrance money of the members of such scheme or periodical subscriptions;"

x x x x x x x x x x

"2(e) "prize chit" includes any transact