Delhi District Court
Fir No.330/22 State vs . Amit Pal Singh Page 1 Of 6 on 7 September, 2022
DLWT020246762022
Presented on : 26-08-2022
Registered on : 26-08-2022
Decided on : 07-09-2022
Duration : 0 years, 0 months,
12 days
IN THE COURT OF
Metropolitan Magistrate
AT West,WEST DELHI
(Presided Over by MS. DEVANSHI JANMEJA)
Cr. Case/10921/2022
FIR No. 330/22
(PROSECUTION):
STATE
Through Police Station Officer Rajouri Garden
330 , PS RAJOURI GARDEN, DELHI, RAJOURI GARDEN, WEST,
DELHI, INDIA
WEST DELHI
VERSUS
AMIT PAL SINGH
S/o Surinder Singh
F-128, GALI NO.5, VISHNU GARDEN, NEW DELHI, KHYALA, WEST,
DELHI, INDIA
APPEARANCES
Sh. Aditya Trehan, APP for State.
Sh. Manish Garg, Advocate appearing for AMIT PAL SINGH
Offence punishable under :
55,12,9 of Delhi Public Gambling
Act
FIR No.330/22 State Vs. Amit Pal Singh Page 1 of 6
JUDGMENT
(Delivered on 07-09-2022)
1) Date of commission of offence : 02.04.2022
2) Name of complainant : HC Jagpal PS Rajouri Garden, New Delhi
3) Plea of accused : Pleaded not guilty
4) Final Order : Accused convicted JUDGMENT BRIEF FACTS AND REASONS FOR DECISION :
Case of the prosecution in brief is as follows:
1. That on 02.04.2022 at 7.40 pm in front of F-508, Raghubir Nagar, New Delhi within the jurisdiction of police station Rajouri Garden accused was found gaming/ satta with the help of some chits and books/diary and thereby you have committed an offence punishable U/s 12/9/55 of Gambling Act.
2. After summoning of accused person and after compliance of the FIR No.330/22 State Vs. Amit Pal Singh Page 2 of 6 provisions of section 207 Cr. P.C, the notice was framed against accused person today itself i.e. 07.09.2022 U/s 12/09/55 Gambling Act to which accused person not pleaded guilty and claimed trial.
3. In order to prove the case Prosecution cited as many as 06 witnesses in total and out of those 02 witnesses got examined. Thereafter, at request of Ld. APP for the State, remaining witnesses dropped and P.E. closed thereafter.
4. Prosecution got examined IO/ ASI Jagpal as PW-1 who deposed that on 02.04.2022, he was posted at PS Rajouri Garden as HC. On that day, he was on patrolling duty alongwith Ct Sumit. At about 7.40 PM one secret informer informed him that some persons organizing satta. Accordingly, they took the secret informer with them and reached in front of F-508, Raghubir Nagar, New Delhi. There the secret informer pointed out towards one person who was writing a satta on one small booklet and some persons giving him money for playing satta. On seeing this he asked 4-5 persons to join the raid but all of them refused to join the same and left the spot without disclosing their names and addresses. Due to the urgency he did not serve any notice to them. Thereafter, he alongwith Ct Sumit approached towards the accused person. On seeing them coming, accused person and the persons who were FIR No.330/22 State Vs. Amit Pal Singh Page 3 of 6 standing there started running. With the help of Ct Sumit, he apprehended the accused person namely Amit Pal Singh who were writing a satta on small slips. At the spot, some paper slips, some small note books and some cash was recovered which were contained in one plastic bag. He seized the recovered articles vide seizure memo Ex. PW1/A bearing his signature at point A. He prepared rukka Ex.PW1/B bearing his signature at point A and sent the Rukka to PS for registration of FIR, at which Ct Sumit got the FIR registered and handed over copy of FIR and original rukka to him. He made endorsement on the rukka Ex.PW1/C bearing his signature at point A. Witness correctly identified both the accused present in the court.
Accused person submitted that he do not dispute the identity of the case property. The case property now Ex.P1 (colly).
5. Prosecution got examined IO HC Harish Kumar as PW-2 who deposed that on 02.04.2022, he was posted at PS Rajouri Garden as HC. On that day, he arrested the accused person Amit Pal Singh vide arrest memos Ex. PW-1/D bearing his signatures at point A. He also took the personal search of the accused Amit Pal Singh vide memos Ex.PW1/E bearing his signature at point A. He prepared the site plan vide Ex. PW1/F bearing his signature at point A. He released the accused person on bail. He recorded statement of Ct Sumit. Accused person present in the court today (correctly FIR No.330/22 State Vs. Amit Pal Singh Page 4 of 6 identified in the court). He can identify the case property if shown to him. Accused person submitted that he do not dispute the identity of the case property. The case property now Ex.P1 (colly).
6. P.E. was closed thereafter.
7. On 07.09.2022, the statement of the accused U/s 313 Cr. P.C. got recorded in which accused wished to not lead any D.E.
8. Arguments advanced at length by both the sides.
9. It is observed by this court that PW1 deposed in terms of story of prosecution but the accused person not cross examined the witnesses despite having all the opportunity with them. PW1 has specifically proved the complaint but the accused person not asked even single question regarding the said spot or the allegations made therein. The registration of FIR and arrest of accused person is mere veracity to the procedure adopted by the investigating agency. The prosecution has successfully proved the charges U/s 12/09/55 Gambling Act against the accused - Amit Pal Singh.
10. In view of above observations, accused person namely Amit Pal FIR No.330/22 State Vs. Amit Pal Singh Page 5 of 6 Singh is convicted for the offence punished u/s U/s 12/09/55 Gambling Act in the present case FIR.
Copy of this judgment be given dasti to the convict free of cost. Digitally signed by DEVANSHI
DEVANSHI JANMEJA
JANMEJA Date:
2022.09.07
15:49:08 +0530
Announced in the open Court (Devanshi Janmeja)
on this 07th Day of September, 2022 MM(West)-02/THC
07.09.2022
FIR No.330/22 State Vs. Amit Pal Singh Page 6 of 6