( 1. ) THE applicant being aggrieved by the judgment dated 3. 3. 1998 passed by the learned Sessions Judge, Sehore in Criminal Appeal No. 88/1997 confirming the judgment dated 2. 12. 1997 passed by the learned Chief Judicial Magistrate, Sehore in Criminal Case No. 400/1997 convicting the applicant/appellant under Section 3 and Section 4 of the Public Gambling Act, 1867 {in its application to State of Madhya Pradesh} and sentencing him to undergo jail sentence of till rising of the Court and pay a fine of Rs. 300/-under Section 3 of the Act, has come to this Court. It is to be noted even at this stage that no separate sentence has been awarded to the applicant under Section 4 of the Act.

( 2. ) SHORT facts necessary for decision of this criminal revision are that one j. P. Verma {pw-4}, Sub-Inspector posted at Kotwali, Sehore, on 4. 5. 1997 received an information that in a particular house, people are engaged in gambling. According to him, the matter was immediately reported to Sub Divisional Officer {police}, he obtained a warrant of search and thereafter, with the Police Force went to the house No. EWS-16. After peeping from the cracks 6f the doors, he found that the present applicant and three others, namely, Rajesh S/o. Gendalal, Rambabu S/o. Prithvilal and Trilok Sharma S/o. Rammurti Sharma were engaged in gambling. The door was opened. The accused persons were apprehended. From possession of different accused persons, different amounts were recovered from their pockets, and certain amounts were also recovered, which were lying in front of each accused. A deck of cards was also recovered. A total sum of Rs. 7,470/-was recovered and immediately thereafter, the First Information Report {exhibit P/6} was registered.

( 3. ) AFTER completion of the investigation, the Police filed Chalan but as each of the accused denied commission of the offence, they were subjected to trial. The charges levied against the accused were that they committed offences punishable under Section 3 and Section 4 of the Public Gambling Act, 1867.

( 4. ) THE prosecution in support of its case examined PW-1 Chouthmal a Home guard {sepoy}, PW-2 Kamlesh Trivedi a Tractor Mechanic, PW-3 Alok shrivastava Sub Inspector {police} and PW-4 J. P. Verma Sub Inspector, Kotwali, sehore.

( 5. ) AFTER hearing the parties, the learned Trial Court held that the prosecution was successful in bringing home the guilt, it accordingly convicted each of the accused under Sections 3 and 4 of the Act but, however, awarded sentences under section 3 of the Public Gambling Act, 1867 only and did not award any sentence under Section 4 of the Act.

( 6. ) THE applicant and three others being aggrieved by the said convictions and sentences preferred appeal but as the same proved futile, the present applicant is before this Court.

( 7. ) IT is to be noted that on 25. 3. 2008, this Court observing that the present applicant, who was Head Constable of Police, if was engaged in public gambling then he was required to be properly sentenced. The Court accordingly ordered that notice be issued to him that why the sentences be not enhanced to three months rigorous imprisonment and fine of Rs. 2000/-and why appropriate punishment/sentence be not awarded to the applicant for the offences punishable under Section 4 of the Public Gambling Act, 1867.

( 8. ) SHRI Ramesh Kumar, learned counsel for the applicant after taking me through the evidence and the provisions of law submitted that Section 3 and Section 4 of the Public Gambling Act, 1867 apply to different eventualities.

According to him, section 3 would apply to a case where a particular person is owning or keeping or is having charge of a gaming-house but Section 4 would apply to a case where a particular person is found in a gaming-house Referring to Section 13, it was submitted that if any person is indulged in gambling at a public place then a Police officer may apprehend such person and take search without any warrant.

( 9. ) ACCORDING to