Kishori Lal vs State of M.P.

S.S. Dwivedi, J.

Applicant has preferred this criminal revision u/s 397 read with Section 401 of Cr.P.C. aggrieved by the impugned judgment dated 21-11-2000 passed by the Session Judge, Gwalior in Criminal Appeal No.274/2005; whereby affirmed the judgment dated 21-2-2005 passed by J.M.F.C., Gwalior in criminal case no. 1407/04 with regard to the seized currency of Rs. 16850/- for confiscation in favour of the State.

Brief facts of the case are that Police Gwalior after receiving the secret information reached at Subhash Nagar Gate and caught the applicant/ accused Kishori Lal who is alleged to be cutting a gambling chit and from his possession a sum of Rs.16850/- had been seized. After due investigation, a case u/s 4A of the Gambling Act had been filed before the JMFC concerned. After due appreciation, the learned trial court by judgment dated 21-2-2005 acquitted the applicant/accused from the charge u/s 4A of the Gambling Act but by the same judgment ordered for confiscation of the seized amount of Rs. 16850/-which had been seized from the possession of the applicant.

Aggrieved by aforesaid part of the impugned judgment, the applicant had preferred criminal appeal no.274/05 before the Session Judge, Gwalior, learned appellate court by judgment dated 21-11-2005 dismissed the appeal and affirmed the order of confiscation of the seized amount passed by the trial court, hence, this revision on behalf of the applicant.

Heard learned counsel for the applicants as well as the learned Public Prosecutor for State and perused the record.

It is submitted by counsel for the applicant that applicant has been acquitted from the charge u/s 4A of the Gambling Act. The aforesaid amount of Rs.16850/- has been seized from the possession of the applicant/accused and there is no sign on this amount, on which basis, it can be proved that this amount is of the relating to some Gambling Act. In such circumstances, the order of confiscation of aforesaid amount passed by the courts below is illegal and erroneous. Applicant being possessor of the aforesaid amount is entitled to get back the aforesaid amount. Therefore, prayed for setting aside of the impugned order passed by the courts below.

Learned Public Prosecutor appearing for the State supported the impugned order and prayed for dismissal of the revision.

On perusal of the seizure memo Ex.P/13 prepared by investigation officer it is apparent that concerning amount of Rs.16850/-has been seized from the possession of the applicant. This seizure memo has been proved by the seizing officer Naval Singh, A.S.I (PW2) before the trial court also and prosecution has failed to prove the fact that this amount is related to some Gambling Act. In such circumstances, possession of this amount itself does not prove the offence of Gambling Act therefore, as the amount has been seized from the possession of the applicant, he is entitled to get back the aforesaid amount. If the offence of Section 4A of the Gambling Act has not been proved by the prosecution against the applicant, in such circumstances, both the courts below have wrongly ordered for confiscation of the aforesaid amount seized from the possession of the applicant.

Resultantly, revision petition is allowed. Impugned order passed by the courts below are set-aside and it is directed that seized amount of Rs. 16850/-(Rupees Sixteen thousand Eight Hundred Fifty) be returned back to the applicant.

With this direction, this revision petition is disposed of.