RAM PRATAP NEMANI Vs. EMPEROR

JUDGEMENT

(1.) The question upon which this Rule was issued is whether a certain form of gambling which has become well-known in Calcutta as cotton-gambling comes within the provisions of Section 44 of Act IV of 1866 as amended by Act III of 1897 (B.C.).

(2.) We may say at the outset that this is a pure question of law and has nothing to do with the nature and effect of the particular form of gambling now under consideration, which may be, and in our opinion is, a most pernicious form of gambling, and yet may not be rendered penal by the Act under which these convictions have been held.

(3.) The offence which is created by Section 44 of the Calcutta Police Act is that of owning or keeping of being employed in a common gaming house, or advancing or furnishing money for the purpose of gaming with persons frequenting that house.