Gauhati High Court
Mustak Khan vs State Of Assam on 4 November, 2025
Page No.# 1/7
GAHC010005852012
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./320/2012
MUSTAK KHAN
S/O LATE SAGIN KHAN, R/O PATHAN PATTY, P.O., P.S. and DIST-
DIBRUGARH, ASSAM
VERSUS
STATE OF ASSAM
-
Advocate for the Petitioner : MR.P J SAIKIA , MR.K BARUAH
Advocate for the Respondent : PP, ASSAM,
Page No.# 2/7
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 04.11.2025 Heard Mr. R. K. Mahanta, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor, appearing for the State.
2. The present Criminal Revision Petition has been instituted assailing the Judgment dated 09.05.2012, passed by the learned Sessions Judge, Dibrugarh, in Criminal Appeal No.7(1)/2012, upholding the conviction of the petitioner, herein, under Section 14 of the Assam Games and Betting Act, 1970, by the learned Chief Judicial Magistrate, Diburgarh, vide Judgment dated 31.12.2011, passed in G.R. Case No.1962/2005.
The learned Appellate Court had modified the sentencing of the petitioner, herein, to that of 6(six) months imprisonment. However, the fine imposed by the learned Trial Court was not interfered with.
3. The prosecution case in brief is that on 14.11.2005, at about 11.45 a.m, on getting a secret information that gambling of 'Double Guti' is going on at Cole Road, Dibrugarh, the complainant, a police personnel, proceeded to the place along with his staff and had caught red handed the petitioner, herein, while he was selling 'Double Guti' tickets. It was further projected that during search- ticket book, 'Double Guti' result chart and money used for illegal Page No.# 3/7 game of betting, were recovered from the possession of the petitioner, herein.
On conclusion of the investigation, charge-sheet under Section 14 of the Assam Games and Betting Act, 1970, was laid against the petitioner, herein. The Trial Court also framed a charge under Section 14 of the said Act of 1970, against the petitioner, herein, and the same on being read over and explained to the petitioner, he having pleaded not guilty and claimed to be tried, a Trial ensued.
During the Trial, the prosecution had examined 4(four) witnesses and thereafter the statement of the petitioner was recorded under Section 313 CrPC.
On conclusion of the Trial, the learned Trial Court, on appreciation of the evidences coming on record, proceeded vide Judgment dated 31.12.2011, to convict the petitioner, herein, under Section 14 of the Act of 1970, and sentenced him to undergo Rigorous Imprisonment for 2(two) years and to pay a fine of Rs.1000/-(Rupees One Thousand), in default, to undergo further Simple Imprisonment for 1(one) month.
The petitioner being aggrieved by his conviction by the learned Trial Court vide Judgment dated 31.12.2011, proceeded to assail the same by way of filing an appeal, being Criminal Appeal No.7(1)/2012, before the Court of the learned Sessions Judge, Dibrugarh.
The Appellate Court upon appreciating the evidences coming Page No.# 4/7 on record and also considering the contentions raised before it by the petitioner, herein, proceeded vide Judgment dated 09.05.2012, to uphold the conviction of the petitioner, herein, under Section 14 of the Assam Games and Betting Act, 1970. However, the learned Appellate Court modified the sentence of the petitioner and directed him to undergo Rigorous Imprisonment for 6(six) months in lieu of the Rigorous Imprisonment for 2(two) years awarded by the learned Trial Court. However, the punishment with regard to payment of fine was not interfered with.
The petitioner being aggrieved has instituted the present proceedings.
4. I have heard the learned counsel for the parties and also perused the materials available on record.
5. On perusal of the evidences coming on record, this Court finds that from the petitioner, herein, one big size 'Double Guti' result sheet chart, one 'Double Goti' ticket and a cash of Rs.140/- (One Hundred Forty) was recovered and seized. The evidences of the PW-4/complainant was not dislodged during his cross- examination by the petitioner. The petitioner, herein, had not brought on record any material to demonstrate that he was not involved in the said act as alleged against him in the matter.
6. Basing on the evidences coming on record the learned Trial Court proceeded to hold the petitioner guilty of committing an offence under Section 14 of the Act of 1970.
7. The learned Appellate Court on an appeal being filed before Page No.# 5/7 it, proceeded vide Judgment dated 09.05.2012, to appreciate the evidences coming on record and thereafter on noticing the provisions of the said Act of 1970, particularly the provisions of Section 18 and Section 19, thereof, wherein a presumption was permissible to be drawn proceeded to conclude that the petitioner, herein, had not adduced any contrary evidence to rebut the legal presumption permissible to be drawn against the petitioner in the matter. Accordingly, it proceeded to uphold the conviction of the petitioner, herein, and sentenced him as noticed hereinabove ;
8. This Court has perused the conclusions drawn by the learned Trial Court as well as by the learned Appellate Court in the matter, in the light of the evidences coming on record as well as the provisions of the Act of 1970.
On a perusal of the said conclusions, this Court finds that the same has been so drawn on a due and proper appreciation of the evidences coming on record and no infirmity is found, therein.
9. Accordingly, this Court is of the considered view that the conviction of the petitioner, herein, under Section 14 of the Assam Games and Betting Act, 1970, would not mandate any interference.
10. Having drawn the said conclusions, this Court finds that the petitioner, herein, was found to be involved in the offence of betting on 14.11.2005. Around 20(twenty) years have passed since the petitioner, herein, was found to be involved in the commission of the said offence. The materials brought on record does not reveal that the petitioner was involved in a similar offence, either prior to 14.11.2025, and/or thereafter. It is also found by this Page No.# 6/7 Court, that the petitioner for the last around 20(twenty) years have been litigating in the matter, initially before the Trial Court, thereafter before the Appellate Court and presently before this Court in the present Criminal Revision Petition. In view of the said factors, this Court is of the considered view that the petitioner, herein, considering the long lapse of time occasioning in the matter, as well as the nature of the offence established against the petitioner, is entitled to be extended with the benefit under the provisions of the Probation of Offenders Act, 1958.
11. Accordingly, for the reasons noticed hereinabove, while upholding the conviction of the petitioner, herein, this Court directs that the petitioner be not sent to undergo the imprisonment but be extended with the benefit under the provisions of Probation of Offenders Act, 1958.
However, this Court having not interfered with the sentencing of fine as imposed upon the petitioner by the learned Trial court, the petitioner would be required to deposit the same before the learned Trial Court.
12. In view of the above discussions, it is directed that the petitioner, herein, will file 2(two) sureties to the tune of Rs.20,000/- (Rupees Twenty Thousand) each, along with a personal bond before the learned Trial Court i.e. the Court of the learned Chief Judicial Magistrate, Dibrugarh, and undertake, to the effect that the petitioner shall maintain peace and good behavior during the period of 1(one) year from today. The aforesaid bond be filed by Page No.# 7/7 the petitioner within a period of 1(one) month from today, along with the deposit of the fine amount as imposed by the learned Trial Court vide the Judgment and Order dated 31.12.2011.
13. With the above observations and directions, the present Criminal Revision Petition stands disposed of.
14. Send down the records of the case to the Trial Court along with a copy of this order for information and necessary action.
JUDGE Comparing Assistant