VICTOR RAJ Vs. STATE

JUDGEMENT

(1.) CRIMINAL Miscellaneous Petition No.5404 of 1983 is filed by one Victor Raj, the accused in C.C.No.4718/S3 on the file of the Court of the Judicial Second Class Magistrate No.I, Tirunelveli, to quash the said prosecution. CRIMINAL Miscellaneous Petition No.5406 of 1983 is filed by the accused Nos.2, 3, 4, 7, 10, 11, 13, 16 and 17 in S.T.C.No.5014 of 1983 on the file of the Judicial Second Class Magistrate No.I, Tirunelveli to quash the said prosecution.

(2.) THE case of the prosecution is that on 10.7.83 at about 7.15 p.m. in 7-B, East Car Street, Kailasapuram, Tirunelveli Junction, the petitioners herein and 9 others were found playing 'Vettu Chettu'which is punishable under sections 8 and 9 of the Tamil Nadu Gaming Act III of 1930, hereinafter referred to as the Act. THE prosecution also employed one Muthuswami as decoy who took with him specified number of initialled currency notes to the extent of Rs.100/- and joined the gang. THE respondent raided the premises and recovered Rs.1,510-.25 from the above said 19 persons which included the currency to the value of Rs.100/-taken by the said Muthuswami. THE currency and the game of cards were seized by the respondent and the above prosecution was launched.