(1.) This is a recommendation made by the First Additional Sessions Judge of Delhi, dated 27-2-1953, recommending that the conviction of the petitioner Mool Chand be set aside.
(2.) A warrant was issued under Section 5, Public Gambling Act by Superintendent of Police Pandit Jagan Nath and the house of the petitioner Mul Chand was raided on 10-8-1952 in pursuance of this warrant by Sub-Inspector Damodar Das and a sum of Rs. 43/4/6 was recovered from the petitioner. Mul Chand was prosecuted under Section 3, Public Gambling Act for keeping a common gaming house and on his conviction was sentenced to a fine of Rs. 100/and in default rigorous imprisonment for three weeks. He took a revision to the Sessions Judge who has made the recommendation for setting aside the petitioner's conviction.
(3.) The matter was placed before the Hon'ble the Chief Justice on 11-11-1953 and on finding that there was conflict of opinion in this Court he has referred this case to a Division Bench.