| Citation(s) |
|---|
| 1965 SLG 4712 = 1965 SLD 4712 = 1965 PLD 340 |
West Pakistan Lahore
Criminal Revision No. 508 of 1962, decided on 12th February 1965.
Presented By: M. Jamil Asghar, J
Sajjad Hussain for Petitioner. Ch. Khalid Mahmood for A.-G. for the State.
Criminal Revision No. 508 of 1962, decided on 12th February 1965.
Presented By: M. Jamil Asghar, J
Sajjad Hussain for Petitioner. Ch. Khalid Mahmood for A.-G. for the State.
NAWAB DIN-Petitioner
VERSUS
THE STATE-Respondent
Law:
Section: 8
(a) West Pakistan Prevention of Gambling Ordinance (I of 1961)------ ----S. 8 - Search-warrant dated 9-I-1962 executed on 23-1-1962-Search, held, not vitiated by warrant having been executed several days after it had been issued [Emperor v. Alloomiya Husan I L R 28 Bom. 129 rel.]. (b) West Pakistan Prevention of Gambling Ordinance (I of 1961)------ ------S. 8-Search of gaming (rouse-Inclusion of members of the public in search party not essential-Criminal Procedure Code (V of 1898), S. 103-[Khilinda Ram and others v. The Crown A I R 1922 Lah. 458 rel.] (c) West Pakistan Prevention of Gambling Ordinance (I of 1961)------ ----Ss. 4 & S-Joint trial of keeper of gaming house and persons found gaming not illegal-Criminal Procedure Code (V of 1898), S. 239-[Bhana Mal v. Emperor 49 I C 779 rel.]. (d) West Pakistan Prevention of Gambling Ordinance. (I of 1961)------ -----S. 8-Search-warrant omitting to state boundaries of house to be searched-Warrant, held, not illegal merely on that account-[Radhey Lal and another v. Emperor A I R 1938 All. 252 rel.;-Raja Ram v. Emperor A I R 1924 Lah. 247 and Jamna Prasad and others v. King-Emperor -A I R 1924 All. 128 distinguished.] Date of hearing : 27th January 1965. JUDGMENT Ehsan Elahi, son of Muhammad Sultan, Abid Husain, Ehsan Elahi, son of Feroz Din, Muhammad Iqbal, Muhammad Shafi, Qaim Ali, Barkat Ali, Muhammad Azeem, Muhammad Nawaz, Nawab Din, Jamshed Gul and Abdul Majid were tried under sections 4 and 5 of the West Pakistan Prevention of Gambling Ordinance, 1961 (1 of 1961) by a Magistrate 1st Class, Sialkot. Jamshed Gul, Muhammad Iqbal, Qaim Ali and Abid Husain were acquitted and the rest were convicted and sentenced as under:- Ehsan Elahi, son of Muhammad Sultan was convicted under sections 4 and 5 of theaforementioned Ordinance and sentenced to nine months' and three months' rigorous imprisonment, respectively. Both the sentences were ordered to run concurrently. Ehsan Elahi, sort of Feroz Din, Abdul Majid, Barkat Ali, Muhammad Azeem, Muhammad Nawaz and Nawab Din were convicted under section 5 of the above Ordinance…