EMPEROR Vs. JAFFUR MAHOMED

JUDGEMENT

(1.) This is an application in revision, and the judgment which it is sought to revise is a judgment convicting the petitioners under Section 5 of the Bombay Prevention of Gambling Act IV of 1887.

(2.) The facts are these : On the night of 22nd September last, Mr. Harker, the Deputy Commissioner of Police, Bombay, received certain information in connection with an offence of gambling. He administered an oath to his informant and took that informant s statement. He then associated with himself other persons, including certain police officers, and raided a house in the City, in which house these petitioners were found with cards and small coin lying near them.

(3.) The section under which the petitioners have been convicted lays down that whoever is found in any common gaming-house playing or gaming with cards shall be liable to a certain punishment ; and a " common gaming-house" is defined as meaning a house, room or place in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room of place." The conviction recorded by the learned Magistrate has proceeded on the application-of the rule of law, or, as it has been termed, the presumption laid down in Section 7 of the Act, which enacts chat when any cards are found in any house, room or place entered under warrant issued under the provisions of Section 6, it shall be evidence, until the contrary is made to appear, that such house, room or place is used as a common gaming- house. Section 6 in its turn enacts that it shall be lawful for the Commissioner of Police in the City of Bombay, upon any complaint made before him on oath, that there is reason to suspect any house to be used as a common gaminghouse, and upon satisfying himself after enquiry that there are good grounds for such suspicion, to give authority, by special warrant under his hand to any Inspector or other superior officer of police to enter a house, to take into custody-all persons whom he finds there and to seize all instruments of gaming.