Harihar and ors. Vs. Emperor

Harihar and ors. vs Emperor

Type Court Judgment Court Allahabad Decided Jul 31, 1937

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https://sooperkanoon.com/case/461661

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Citation: sooperkanoon.com/461661
Court: Allahabad
Decided On: Jul 31, 1937
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

- - The learned Judge remarks that this part of the Magistrate's order is clearly in the teeth of the provisions of Section 13, U.

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Harihar and ors.

Respondent

Emperor

Legal References

Reported In: AIR1938All11

Excerpt

- - the learned judge remarks that this part of the magistrate's order is clearly in the teeth of the provisions of section 13, u.orderyorke, j.1. this is a reference by the additional sessions judge of benares at jaunpur recommending that the order passed by a magistrate in a case under the gambling act that the money found on the persons of the six accused who have been fined shall be at the disposal of the government be set aside. the learned judge remarks that this part of the magistrate's order is clearly in the teeth of the provisions of section 13, u.p. gambling act, for by no stretch of imagination can money be regarded as among the instruments of gambling. the learned sessions judge has referred to a ruling of this court and i think there are other rulings on the point.2. i accept the reference and direct that that part of the magistrate's order which directs the confiscation of the money found on the persons of the accused, be set aside.

Full Judgment

ORDER

Yorke, J.

1. This is a reference by the Additional Sessions Judge of Benares at Jaunpur recommending that the order passed by a Magistrate in a case under the Gambling Act that the money found on the persons of the six accused who have been fined shall be at the disposal of the Government be set aside. The learned Judge remarks that this part of the Magistrate's order is clearly in the teeth of the provisions of Section 13, U.P. Gambling Act, for by no stretch of imagination can money be regarded as among the instruments of gambling. The learned Sessions Judge has referred to a ruling of this Court and I think there are other rulings on the point.

2. I accept the reference and direct that that part of the Magistrate's order which directs the confiscation of the money found on the persons of the accused, be set aside.

Same Parties Harihar and ors. vs Emperor Same Subject Criminal

Criminal