T R PARTHASARATHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The learned State Prosecutor states that he cannot support the convictions and sentences of the Special Honorary Presidency Magistrate and I entirely agree with him.

(2.) The established facts are: The accused persons T. R. Farthasarathi, Srinivasalu, Go-vindaraj, Umapathi, Juvenile Ponnorangam and Murugavel are occupants of a house bearing door No. 4. Thandavaraya Pillai Street. The first of them Parthasarathi is the landlord and the others are tenants living in various parts of the same house. This house was raided on a search warrant on 1-10-1950 at 3-30 p. m. These six persons were found playing cards In an upstairs room on a carpet. The police detained these six persons and seized the forty playing cards (M. O. 1), the carpet (M. O. 2), cash Rs. 7-2-6 (M. O. 4) and a samll empty L. G. asafoetida tin box (M. O. 3) with rupee one in small change placed besides accused I. They were charged under Sections 45 and 46, Madras City Police Act, 3 of 1898 (hereinafter referred to as Act).

(3.) Section 45 of the Act lays down: