SAKTIPADA LAUHA Vs. STATE

JUDGEMENT

(1.) THE petitioners in this case were convicted under Section 11 of the Bengal Public Gaming Act (Bengal Act 2 of 1867) and each of them was sentenced to pay a fine of Rs. 30/ -, in default, to rigorous imprisonment for one month. Some materials said to be gambling materials were ordered to be destroyed and other goods seized including a sum of Rs. 303 -4 -0 were also ordered to be confiscated. The present Rule was directed against this order of conviction on a limited ground, viz. ground No. 2 which is in the following terms: For that the place of gambling not being proved by the prosecution to be a 'public' place as defined by the Act, the conviction is illegal.

(2.) THE prosecution case was that on an information that gambling was going on in the village of Purandarpur the police went to the place which was just near a Hindu temple and succeeded in apprehending the three petitioners who along with others were found betting on a gambling board. This board with the money amounting to Rs. 303 -3 -0 was seized by the police. In defence the petitioners pleaded that they did not take part in the gambling and that they were arrested by mistake when they started running at the sight of the police. They also disowned the ownership of the property seized and of the board -money.

(3.) THE learned Magistrate has held that, there was no interference to the entry of any -j body to the place of gambling. The above finding is, in my opinion, not enough to satisfy the test that the place was a public place within the meaning of the Act. The conviction and sentence passed in the case on the petitioners must be set aside and the fines, if paid, shall be refunded.