P K ANTHUMAYI Vs. STATE

JUDGEMENT

(1.) This Crl. M.C. has been filed by the petitioners to quash Annexures-A1 and A2 in S.T.C. No. 2745 of 1995 of the Judicial First Class Magistrate-I, Hosdrug in Crime No. 272 of 1995 of the Hosdrug Police Station. The first petitioner is a fish-monger by profession. Petitioners 2 to 9 are also engaged in the business of fishing. They were charged for offences punishable under S.7 and 8 of the Kerala Gaming Act. Annexure-A1 is the first information report in Crime No. 272 of 1995, and Annexure A2 is the charge against them.

(2.) The prosecution case is that on 16.5.1995 at about 3.10 p.m., the petitioners were found playing cards in Room No. XI/172 belonging to the first petitioner and hence committed offences under S.7 & 8 of the Kerala Gaming Act Annexure-A2 is the charge sheet filed against the petitioners. According to the petitioners, even as per the first information report and charge sheet the petitioners were found playing cards in a private building which is in the exclusive possession of the first petitioner. Hence, it is submitted by Mr. Ramesh Chander, learned counsel for the petitioners, that S.7 and 8 of the Kerala Gaming Act has no application to the facts of this case and as such there is no offence. It is therefore, prayed that the charge sheet against the petitioners are liable to be quashed.

(3.) S.7 & 8 of the Kerala Gaming Act read as follows: