BAJRANGA LAL KADIA Vs. EMPEROR

JUDGEMENT

(1.) No. 906--This was a Rule obtained by Bajrang Lal Kadia calling upon the Chief Presidency Magistrate to show cause why the proceedings referred to in the petition should not be quashed or such other or further order passed as to this Court may teem fit. There were two other Rules Nos. 926 and 954 of 1920, the same point arising in each Rule. The learned Vakil, Mr. Sanyal, has appeared in Rules Nos. 906 and 926, and the learned Vakil Mr. Manmatha Nath Mukerjee has appeared in support of Rule No. 954.

(2.) The history of the case is as follows: A petition was presented to the Chief Presidency Magistrate by one Sunda Ram, and it was dated the 1 of May 1920, containing certain allegations to which I will refer presently in detail. Upon that petition the complainant was examined, and the learned Magistrate made an order on the 2nd of May, as follows:-- Complainant examined. Assistant Commissioner S.D. will please take cognizance. Search warrant for books and papers, etc." Then on the 3 of May a further order was made which ran as follows: "A.C.S.D. states he has no jurisdiction. To A.C.N.D. to take cognizance, if evidence sufficient, and send up case." On the 4 of May, the Chief Presidency Magistrate issued a warrant under Section 43 of the Calcutta Police Act, IV of 1866. On the 5 of May a challan was presented by the Police, the name of the complainant being, stated as S.I.L.M. Banerjee of Section D, Burrabazar, against 138 persons, and the offence complained of was: "All the accused were charged with gambling for gain with money on the evening of the 4th May 1920 at No. 160 Harrison Road, Section 45 4 66" (which I understand meant Section 45 of Act IV of 1866). In the petition of Sunda Ram there was an allegation that certain premises were used for the purpose of gambling: and, the material passages which I need rend were as follows: "That for sometime past at No. 160 Harrison Road cotton figure gambling has been carried on to the great detriment of the Indian community. That it has become the centre of most serious cases committed in Calcutta. That here servants entrusted with moneys of their masters come and gamble, the money away. That it is gamble pure and simple and is a temptation to the people and an incentive to many. That apart from crimes which owe their origin to this place, it has been the source of tremendous social and domestic troubles throughout the city. That the modus operandi followed being thus:--that there is no contract for delivery nor is delivery given or taken or asked for. That no goods are purchased nor have they got go-down to keep such goods in stock. That all that happens is that a person who wants to stake money will go to a stall-keeper as modi; a number of them infest the place; every one of them has a book in which entries are made of the stake made by gamblers. That in these transactions, no delivery is ever intended or taken." Then the petition is that the books may be seized and the prayer is that "your Honor may be pleased to direct the Police to take cognizance of the case and that the books of the aforesaid persons may be seised by the Police under search warrant and they may be forwarded to the Court at once" and the petitioner further prays that the offienders might be brought to book."

(3.) The Rule was obtained on the 14 of September 1920, and, as I understand, at that time most of the accused had appeared before the learned Presidency Magistrate, although tome of them had not appeared, and the pleas of those who had appeared were taken, and that was all that had happened before the learned Presidency Magistrate at the time the Role was obtained.