THE PUBLIC PROSECUTOR Vs. VERAJLAL SHETH

JUDGEMENT

(1.) THE facts out of which this appeal arises are that the house occupied by the accused was searched by the police acting under Section 5(1) of the Madras Gaming Act on the night of 25th September, 1943, and a considerable quantity of betting slips, registers, telegrams, calculation sheets, etc., was seized. The accused was charged with keeping a common gaining house punishable under Section 8 of the Act, the particular form of wagering being what is known as the New York Cotton Speculation Business in which wagers were laid on the New York closing prices each day. The exact method followed does not appear in the evidence, but a detailed description of the modus operandi is to be found at pages 976 and 977 of the report in Ram Pralap Nemani v. Emperor, I.L.R. (1912) Cal. 968. The accused was acquitted and in this appeal by the Crown against the acquittal the only point which arises for decision is whether ' gaming ' as defined in Section 3 of the Madras Gaming Act includes wagering or betting.

(2.) GAMING is defined in Section 3 of the Act in these words:

(3.) FOR the purposes of this definition, wagering or betting shall be deemed to comprise the collection or soliciting of bets, the receipt or distribution of winnings or prizes, in money or otherwise, in respect of any wager or bet, or any act which is intended to aid or facilitate wagering or betting or such collection, soliciting, receipt or distribution.