IN RE: VENKOBA RAO AND ORS. Vs. STATE

JUDGEMENT

(1.) CRIMINAL Revision Case No. 732 of 1947 arises out of the con -viction of six persons by the" Second Presidency Magistrate, Madras, for an offence under Sections 45 and 46 of the Madras City Police Act. Each of the accused was sentenced to pay a fine of Rs. 25, or in default to undergo two weeks' rigorous imprisonment. The petition has been filed by the 1st accused.

(2.) ON 22nd October, 1946, a Sub -Inspector of the Madras Police obtained a warrant from the Deputy Commissioner of Police, Law and Order, and in pursuance of it, entered No. 7, Vaikunta Vadhyar Street and conducted a search. According to the evidence, he found the six accused playing cards for money in a room in a house which belonged to the first accused, and he seized the cards with which they were playing and some cash. Section 42 of the Madras City Police Act which, it may be stated here, is equivalent to Section 5 of the Madras Gaming Act of 1930, provides that:

(3.) IT was argued before the Second Presidency Magistrate that the warrant was invalid, because it did not specifically state that the Deputy Commissioner had reason to believe that the premises in question were being used as a common gaming -house, and that that being so, no presumption under Section 43 of the Act could arise. The warrant, Ex. P -1 issued by the Deputy Commissioner was in this form: