PEER APPA Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed seeking to quash the proceedings in STC No.8625 of 2005 pending on the file of the learned Judicial Magistrate, Tenkasi.

(2.) THE petitioner is the 5th accused among five accused for offence punishable under Section 8 of Tamil Nadu Gaming Act, 1930. It is the case of the prosecution that on 26.10.2005, the petitioner and other accused were playing cards at Peraringar Anna Manamahil Mandram, Rajapandiyan compund,Tenkasi and the respondent-police on information visited the club and arrested the accused on the allegation that they have committed the offence of gambling which is prohibited under law.

(3.) I have perused the materials available on record and heard the submissions made. Admittedly, the respondent-police, on information received, has visited the club at 2.00 p.m on 26.10.2005. It has been repeatedly held by the Supreme Court and by this Court that when a Police Officer visits a club of similar nature, he must appreciate the information received and must approach the nearest learned Magistrate to obtain a search warrant in this regard. In the instant case, though the respondent has visited the club during day time and when there is every possibility of getting such warrant, it has not been obtained. Admittedly, the petitioner and others are members of a club. In a case reported in Raman Nair and others v. State 1990(2) MWN(Cr)HC 195, it has been held as follows: "7.""