HAWAIBAM MERAMACHA SINGH Vs. MANIPUR ADMINISTRATION

JUDGEMENT

(1.) THE petitioner was charged under Section 332 I.P.C. with having caused hurt on 7 -11 -1958 to the Police Constable P. W. 7 while he was discharging his official duty with intent to deter him from such discharge of duty as a public servant and to deter him from arresting certain gamblers including the petitioner. He was also charged under Section 13 of the Public Gambling Act with having been found gambling on the public road on the same day. He was convicted on both the counts by the learned Additional District Magistrate and sentenced to six months' R. I. under the first count and with fine of Rs. 50/ - under the second count. His appeal to the Sessions Judge was dismissed. Now he has come up in revision.

(2.) THE case against the petitioner was briefly as follows: 7 -11 -1958 was Dewali Day, when usually gambling takes place. A Police Party consisting of P. Ws. 3. 4, 7, 8 and others were going about in a Police truck at about 5 or 6 p. m.. when it was already dark with a view to detect gambling and for arresting the gamblers. When the Police truck had arrived near the Kongba Bazar, they saw a party of 20 to 30 persons gambling by the road side outside a Hotel. They stopped the vehicle about 15 to 20 ft. away and P. Ws. 7 and 8 got down from the Bus. The gamblers then started running away. P. W. 7 rushed towards them, but all the gamblers made good their escape except the petitioner. When P. W. 7 tried to arrest the petitioner, he was resisted and was assaulted by the petitioner with the stick - Ext. M/l and a simple injury was caused. It is under these circumstances the accused was charge -sheeted under Section 332 I.P.C. and Section 13 of the Public gambling Act and punished as stated above.

(3.) THE learned Sessions Judge held that actual gambling has been proved in this case. It is true that some of the P. Ws. stated that they saw 20 to 30 persons including the petitioner gambling by the road side. The question is whether the mere use of the word 'gambling' in the evidence of these witnesses is sufficient proof of the offence under Section 13. It was admitted by P. W. 8, the Sub -Inspector of Police that it was already dark when the Police reached the Kongba Bazar. The truck was stopped about 15 to 20 ft. away from the place where 20 to 30 peoples were found playing. It i; clear that from that distance on a dark night, the Police cannot have seen the persons playing for money or other valuable thing. Mere playing with the instruments for gaming like cards, dice, counters or other instruments has not been made an offence under the Public Gambling Act. No doubt in. the case of a common 'Gaming House' in which cards, dice, or other instruments of gaming are kept or used for the profit of the persons owning, occupying, using or keeping such house as defined in Section 1 of the Public Gambling Act, Section 9 of the said Act makes it unnecessary for the prosecution in order to convict any person of keeping a common gaming house to prove that any person was found playing at any game for money, wager or stake. But in the case of Section 13 which makes playing for money or other valuable thing with cards, dice or counters or other instruments of gaming in public street, lane or thoroughfare an offence, Section 9 will not apply and it will be necessary for the prosecution to prove that any person arrested by a Police Officer without warrant was actually. found playing for money or other valuable thing. It is admitted in this case that the Police did not find any money or other valuable thing being used -Actually, no money was seized by the Police from the alleged place of gambling though certain instruments used for gaming were seized. But again it was not disputed that these instruments can be used for playing either with money or without money. If a Police Party finds people playing with certain instruments used for gaming, they have no right to arrest any of the persons under' Section 13 unless the persons were found playing for. money or other valuable thing. It is the most important ingredient for the offence that the person or persons must have been seen playing for money or other valuable thing.