(1.) The appellant, Kamprasad Chhagnlal Agrawal along with 21 others was prosecuted on a charge under sections 4 and 5 of the Bombay Prevention of Gambling Act, 1887, the allegation against the present appellant, who was accused No. 21, being that he conducted a gambling den in his house.
(2.) During the search, several articles inculding some cash were recovered both from the person of the accused who were present as well as from the premises under the panchnama Exh. 50. There was also a telephone connection No. 3018.
(3.) The trial Court convicted the appellant under section 4 (b) of that Act and sentenced him to suffer R I. for three months and to pay a fine of Rs. 200/, in default of payment of fine to suffer R. I for one month. Some other accused were also convicted but we are not concerned in this appeal with them.