PANAJI
Goa Police’s claim of apprehending matka bookies “red-handed” has come under question after a Judicial Magistrate First Class discharged two gamblers for want of sufficient evidence and independent witnesses.
Gousmohaddin Alue and Aginath Sasve, both of who were arrested in separate raids for allegedly running gambling dens near a housing board market and ferry wharf in Bardez, in 2021 and 2022 respectively have been given the benefit of doubt.
Senior Judge Shilpa Pandit sought to know why the Investigating Officers (IO) at Porvorim and Colvale police stations did not record the statement of independent witnesses when there was an opportunity during the raid.
“The IO has not recorded the statements (of) any other witness… not examined any member of the public present at the spot… not recorded statement of any independent witnesses from the said place. If at all there were many members of the public, then one fails to understand why the complainant (IO) did not record statements of any such member. When the complainant had an opportunity to record the statement of independent witnesses, it was for him to do so,” the Judge observed while giving the verdict in both the cases registered under The Goa Daman and Diu Public Gambling Act, on Monday.
During the hearing, the IOs were unable to explain why they did not record the statement of any independent witnesses. The Court also noted that there was nothing to show the accused were manipulating the digits for money. “The attachment of the articles is not sufficient to prove the offense charged against the accused. In the result, the application under section 258 CrPC (Power to stop proceedings in certain cases) filed by the accused is granted,” reads the order.
The JMFC also directed the police to forfeit the cash seized during the raid to the State, and other articles be destroyed after the appeal period. “The accused is hereby discharged for the offense punishable under section 11(2) (a) of the Public Gambling Act,” she said.
