IN RE: SOMASUNDARAM CHETTIAR AND ORS. Vs. STATE

JUDGEMENT

(1.) 19 accused were tried by the Additional Sub -Magistrate,Tiruppattur,for offences under the Madras Gaming Act, 1930. Accused 1 to 17 were convicted under Section 9 of the Act for being found gaming, or present for the purpose of gaming, in a " common gaming house" and accused 18 and 19 were convicted under Section 8 of the Act for keeping, or permitting to be used, a " common gaming house." On appeal, the Sub -Divisional Magistrate, Devakottai, set aside the conviction against accused 8 to 17 but confirmed the conviction against the rest of the accused. Accused 1 to 7, 18 and 19 are the petitioners in this Court.

(2.) IT has now been found -and it is not disputed -that at 5 -15 p.m., on 31st January, 1946, accused 1 to 7 were actually playing a game of cards called " three cards " in the precincts of the Lakshmi Club at Karaikudi. Accused 8 to 17 were found merely watching the gaming and they were acquitted by the appellate Magistrate on the ground that it could not be concluded that they were there for gaming purposes only. Accused 18 is the clerk of the club and was found present at the game by the Sub -Inspector of Police, Karaikudi, who made a raid of the club premises on the day. He had with him a sum of Rs. 175 collected from the players. Accused ig is the secretary of the club who was however absent at the time when the raid was made.

(3.) BOTH the trial and the appellate Magistrates have held that the precincts of the Lakshmi Club would fall within the definition. Mr. K. V. Ramachandra Aiyar, the learned advocate for the petitioners, attacked the conclusion of the lower Courts . in several ways. He first contended that the club was not a " person " within the meaning of Section 3 but did not try to support his contention by any authority or argument. It appears to me to be impossible to contend that the club is not a " person." Prima facie the word " person " includes a natural person as well as an artificial person like a corporation (see The Pharmaceutical Society v. London and Provincial Supply Association, Ltd.(1880)5 A.C. 857 . Apart from the prima facie meaning, Section 3, Sub -section (22) of the Madras General Clauses Act which applies to the Madras Gaming Act defines a "person" thus