EMPEROR Vs. ISMAIL HIRJI

JUDGEMENT

(1.) In this case the Presidency Magistrate, Second Court, Bombay, has made a reference, under Section 432 of the Criminal Procedure Code, submitting for decision certain points of law arising in a case pending before him.

(2.) One Ibrahim Ismail made a complaint on Oath on September 27, 1928, before the Commissioner of Police, Bombay. Instead of issuing a special warrant under Section 6 of the Bombay Prevention of Gambling Act, 1887, he personally raided the premises in company with other police-officers. The Commissioner entered the main entrance and Sub-Inspector Salaskar. entered the side gate and arrested accused Nos. 2 and 3, Police Constable No. 714 C.T. arrested accused No. 4. R.B. Sabaji arrested 1929 accused No. 1 and Inspector Achrekar and Havaldar 932-K arrested accused Nos. 5, 6 and 8. Accused No. 7 was arrested by another policeman, Panchnamas were made of the articles found in the passage and on the person of the accused. Twenty-seven slips were found in the passage bearing the names of the horses, the amount of bet, win or place, and single or double. The punters got receipts for the payments made to the bookmakers in the form of printed curt chits with numbers thereon which were inserted in the slips for identification. Three cart chits were found in the passage, and four cart chit books were also found in the passages. Currency notes of the value of Rs. 145 and a moneybag dropped by accused No. 3 were found in the passage.

(3.) The learned Magistrate instead of making a reference- to this Court ought to have decided the points involved in this case leaving the parties aggrieved to approach this Court in case they were dissatisfied with his decision.