ERAPPA Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this petition, it is urged on behalf of the petitioners, that on the facts found by the Court below (in Criminal Case No. 573/3 of 1960, on the file of the Munsiff-Magistrate, Bidar), the conviction of the petitioners under Section 13 of the Hyderabad Gambling Act, is unsustainable.

(2.) The facts found by the Court below, are as follows: On credible information that gambling was going on in A-12's hotel, P. W. 2, the P. S. I., raided that hotel, at about mid-night, on 8-10-1960. At the time of the raid, all the petitioners were found playing cards for money. They were playing a game known as parale, which is a game of chance. They were arrested at the spot. During the search, P. W. 2 seized the playing cards found there as well as the stake money which amounted to one rupee and tight naya paise. The correctness of these facts is not challenged in this Court. The only point urged is that on the proved facts, the petitioners could not have been convicted under Section 13 of the Act.

(3.) The material portion, of Section 13 (1) reads as follows: Section 13 (1) "A Police Officer shall be empowered to apprehend without warrant any person found gambling, for money or other valuable thing, with cards, dice, counter or other instruments and means of gambling used in gambling 'in any public street or thoroughfare or public place or open space, or'.......... Such person when apprehended, as aforesaid, shall be brought without delay before a Magistrate and, on conviction, shall be liable to a fine not exceeding fifty rupees or to imprisonment, simple or rigorous for a term not exceeding one month ..... " (Underlining (in single quotation marks in this report -- Ed.) is mine)