EMPEROR Vs. CHIMANLAL PRANJIVANDAS GHEEWALLA

JUDGEMENT

(1.) The petitioner was charged under Section 294-A, Indian Penal Code, for publishing during the months of April a May, last a circular of the so-called lottery of the Athlone Club Annual Sweep, popularly known as the Derby Sweep, to be drawn on June 4, 1924, for selling tickets thereof. The Magistrate convicted him and sentenced him to pay a fine of Rs. 25, in default to undergo simple imprisonment for eight days.

(2.) The petitioner applies to this Court in revision. The following are the terms of the circular issued by the petitioner. "Annual Sweep on the Derby in Aid of St Peter's Building Fund of the Athlone Club. June 4 1924. Prizes, The Sweep will close on the 23 May 1924-, and the Draw under the supervision of the patrons stated in the tickets will take place on May 28, 1924. Prize winners will be notified by telegrams. The above Sweep tickets can be obtained from the undersigned. Price of each ticket Rs. 10 only. On a, draw a commission of 6 1/4 per cent, will be deducted from the prize amount. Money in advance. A few tickets left. The favour of orders solicited.

(3.) Section 294-A run as follows :- Whoever keeps any office or place for the purpose of drawing any lottery not authorized by Government shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.