BADLOO AND OTHERS Vs. STATE

JUDGEMENT

(1.) THE third temporary Civil and Sessions Judge of Budaun has made this reference to this Court in a case in which the accused were convicted under Section 13 of the Public Gambling Act and were sentenced to pay a fine of Rs. 50 each. The accused were arrested by the sub Inspector while playing Kauris in the grove of one Nazir. The grove lay to the west of a road running north south and was visible from the brink of the road, as is evident from the site plan. The Sub Inspector arrested the applicants on the spot and recovered some money from the Phar as well as from their person.

(2.) THE Magistrate convicted and sentenced the accused as stated above and further directed that the money recovered from the Phar and the person of the accused shall be confiscated to the State.

(3.) SHRI N. Lal, learned Counsel for the applicants, not only supports the reference but further urges that the conviction of the applicants under Section 13 of the Gambling Act was wholly illegal. As pointed out above, the applicants were admittedly gaming in the grove of Nazir which lies near the public thorough fare and is perhaps also visible from there. But in order to sustain their conviction under Section 13, the offenders must be found gambling "in any public street, place or thoroughfare". The private grove of Nazir could not be described as public place, much less, public street or thoroughfare. The mere fact that the grove was not enclosed and some members of the public could have access to it would be no ground to treat the grove as a public place. Likewise, even if the place of gambling in the grove was visible from the public road passing nearby, it would not make the grove a public place within the meaning of Section 13 of the Public Gambling Act. For authorities, reference may be made to the following cases: