SUNDARAM Vs. STATE

JUDGEMENT

(1.) The petitioners, who are members of the Cosmopolitan Club, Kovilpatti, have filed this petition under section 482, Criminal Procedure Code, for quashing the proceeding against them in C.C. No. 308 of 1981 on the file of the Judicial Second Class Magistrate, Kovilpatti.

(2.) The said case has been taken cognizance of by the Magistrate on the basis of a charge sheet filed by the Sub-Inspector of Police, Kovilpatti, regarding the commission of offences under sections 3 and 9 of the Madras Gaming Act. The charge-sheet is to the the following effect: On 28th February, 1981, the Sub-Inspector of Police received reliable information that gambling activities were going on at Door No. 54 in Shandypet Street, Kovilpatti. After obtaining permission from the Assistant Superintendent of Police to raid the premises, the Sub-Inspector, under the supervision of the Inspector of Police, and in the company of the Assistant Sub-Inspector of Police and certain constables, went to the premises in question along with two witnesses, Duraipandian and Arumugam at about 3 a.m. on 1st March, 1981. On reaching the premises, he found the doors to be closed. In knocking the doors, Kaliappan (accused No. 10) opened the door. On entering the premises, it was found that accused 1 to 9 were seated around a round table in the hall beyond the verandah. There were 52 cards and a cash of Rs. 1,216. 10Ps., on the table. Accused 1 to 9 were saying close card Rs. 10, Open card Rs. 10, Winning and losing. and shuffling and picking up the cards. The police party arrested accused 1 to 9 and seized, the cards and cash also arrested the 10th accused for having permitted accused 1 to 9 to indulge in gambling activities in the premises. The accused were taken to the police station and a case was registered in Crime Nos. 141 of 150 of 1981 under sections 8 and 9 of the Madras Gaming Act (hereinafter referred to as the Act).

(3.) The petitioners (accused) subsequently obtained bail from Court and now they have come forward with this petition to quash the said proceedings.