DANYKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in these two petitions are for quashing the chargesheets under S.7 and 8 of the Kerala Gaming Act. Crl.M.C. 4067/99 is to quash the complaint in C.S. 8/99 pending before the Judicial First Class Magistrate

(2.) In C.C. 8/99, the prosecution case is that 5 accused persons therein were seen engaged in a game of cards for stakes in a room in a hotel. The receptionist in the hotel is the first witness. According to his case diary statement, the police party came and conducted a raid and found 4 persons engaged in a game of cards and the Sub Inspector arrested them and also recovered a substantial amount from them. It is argued for the petitioners, who are named as accused persons that the charge sheet does not make out an offence under S.7 and 8 of the Act. The petitioners have some explanation for the possession of the money recovered from them. Reliance is placed on the ruling in Kunhikannan and Others v. Asst. Sub Inspector of Police ( 1985 KLT 484 ) and it is contended that the petitioners were not engaged in gaming in a common gaming house and so no offence is made out. Reliance is placed on a more recent ruling of this Court in Anthumayi v. State of Kerala ( 1999 (1) KLT 149 ) also.

(3.) The prosecution casein S.T. 4128/99, Judicial First Class Magistarte, Irinjalakuda is that 9 accused persons were found engaged in a game of cards for stakes in the house of the first accused's wife. She is cited as the 7th witness for the prosecution. There also it is contended that the petitioners were not engaged in gaming in a common gaining house and so no offence is made out.