BHAGWAN DIN Vs. KING-EMPEROR

JUDGEMENT

(1.) The Magistrate has written a well-reasoned judgment which has not been met by the very summary order of the Additional Sessions Judge of Cawnpore. The learned Judge has made the usual mistake of quoting a ruling without discussing it. Certain persons were convicted of gambling in the office of the Deputy Director of Agriculture at Cawnpore. They were menial servants employed there. The learned Judge finds two faults with the conviction: (1) that the warrant did not justify the search of the office building when actually it was directed to the house of the chaukidar, and (2) that an office cannot be called a gaming house, because there was a ruling to that effect of the Calcutta High Court. As I have observed the ruling is not discussed; I have referred to the ruling which contains no reasons whatsoever. The definition of a gaming-house in the form of ordinary gaming is "any house... in which any instruments of gaming are kept or used for the profit or gain of the person owning, occupying, or using such houses by way of charge for the use of such house... place or instruments or otherwise however." The ruling referred to by the Judge does not explain how the office escapes the definition of a common gaming house when the persons gambling there and receiving profit out of the gambling used the place for such purpose. The words "using such houses" are not even quoted in the ruling. All that the Judges say is: We do not think that the premises of Mr. John King and Company can be regarded as a common gambling house even though the durwans may have made some profit out of the gambling which went on there. Because gambling has gone on in the building it does not follow that it is a common gambling house.

(2.) With all respect there is no discussion as to the use of the house by the durwans for the purposes of gaming. The judgment is by no means illuminating and was not one which the Judge should have followed without any reasoning of his own.

(3.) As to the warrant, the Magistrate admitted that it was not artistically drawn up but it was clear that it directed search of all the premises of the offices. The chaukidars were residing in the outhouses and had no separate house of their own in Cawnpore. I waited to see if the applicants would be represented in this Court. No vakalatnama so far has been filed. I direct that the record be returned.