SUKUMAR BOSE Vs. EMPEROR

JUDGEMENT

(1.) The petitioner in this case has been convicted under Section 11, Bengal Public Gambling Act of 1867 for unauthorised betting at the Calcutta Race Course. He has been fined Rs. 50 in default to suffer rigorous imprisonment for one week. A sum of Rs. 7500 which was found with him was directed to be forfeited. He was tried along with another man Shisu Ghosh who pleaded guilty and was then examined as a witness. When examined as a witness the latter denied that the present petitioner had any connection with him.

(2.) The principal point urged by Mr. Noad before us is that there is no authority under the Gambling Act (Act 2 [II] of 1867) for the Magistrate to direct forfeiture of the money found with the accused and we must accept this contention as sound. In Section 5 the Magistrate or other officer empowered is given certain powers to enter and search a suspected gaming house and it is provided that he. may seize or authorise such officer to seize all instruments of gaming and all moneys and securities for money, and articles of value, reasonably suspected to have been used or intended to be used for the purpose of gaming which are found therein.

(3.) In Section 6 it is laid down that "when any cards, dice, gaming-tables, cloths, boards or other instruments of gaming" are found a certain presumption arises.