Court : Guwahati
Reported in : 1961CriLJ504
..... the case of a common 'gaming house' in which cards, dice, or other instruments of gaming are kept or used for the profit of the persons owning, occupying, using or keeping such house as defined in section 1 of the public gambling act, section 9 of the said act makes it unnecessary for the prosecution in order to convict any person of keeping a common gaming house to prove that any person was found playing at any game for money, wager or stake. ..... it is admitted in this case that the police did not find any money or other valuable thing being used-actually, no money was seized by the police from the alleged place of gambling though certain instruments used for gaming were seized.but again it was not disputed that these instruments can be used for playing either with money or without money. ..... more statement by the witnesses that 20 or 30 persons were found gambling is certainly not sufficient evidence under section 13.6. ..... has also committed a mistake and put him the question that there was evidence that while p. w. ..... as there is no evidence in this case that any of the police officers saw any person playing for money or other valuable thing, it follows that the police officers had no right to arrest the petitioner or any of the other persons under section 13.it further follows that in rushing to arrest the petitioner and others, p. w. ..... 7, i do not find from the evidence of any of the witnesses that the injury was caused at the time of arrest. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(3)MPHT168
..... this court finds it proper to mention at this juncture that the rajya suraksha adhiniyam has been amended and the conviction for three times within a period of three years under section 4(a) of the public gambling act has also been made a ground of externment vide notification in the extra-ordinary gazette of madhya pradesh dated 5-9-2006. ..... accordingly, conviction in seven criminal cases under section 4(a) of the public gambling act could not have provided material of passing an order of externment in exercise of powers under section 5 (a) of the rajya suraksha adhiniyam; unless the district magistrate was satisfied on the basis of material before it that the movements or acts of the petitioner were causing or calculated to cause alarm, danger or harm to person or property.12. ..... it may be seen from the details provided by the superintendent of police that the petitioner was convicted for offence under section 4(a) of the public gambling act in seven cases during the period from 1999 to 2005. ..... particulars of criminal cases against the petitioner were given in the notice which go to show that the petitioner was convicted in seven criminal cases registered under section 4 (a) of the public gambling act during the period from 1990 to 2005. ..... in the absence of any such finding, impugned orders are not sustainable in law and, hence, set aside.14. ..... however, no one was coming forward to make a complaint or for giving evidence on account of terror of the petitioner. .....
Tag this Judgment!Court : Mumbai
Reported in : 1949CriLJ174
..... that we think is a legitimate deduction from the evidence, and that satisfies the definition of 'common gaming house' in section 1 (ii), public gambling act, and that in turn brings this case within the purview of section 4.11. ..... the provincial government relies on section 15, public gambling act because, according to it, there have been several previous convictions of sheikh idu. ..... it is admitted that he is neither the owner nor the occupier of the house and the crown relied only on the portion of section 3, which deals with those who use 'a common gaming house.'5. ..... proceedings were accordingly instituted against them under sections 3 and 4, public gambling act, 1867, as amended locally. ..... the definition in section 1 (ii) is to the following effect:in the case of any other form of gaming, any house...used for the profit or gain of the person...using such house.if a walks into b's bathroom and uses his towel to wipe his hands, he (a) has quite evidently used that towel even though he may have done that only once. ..... with the utmost respect we are unable to see what justification there is for importing words of limitation into the section. ..... the evidence is, in our opinion, clear that idu was in the house and that he was playing or gaming with cards. ..... as the definition does not place any words of limitation on the user, we are unable to import limitations like 'habitually. ..... we are clear that this witness was not in a position to have any personal knowledge of the fact. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All482
..... in this case three persons have been convicted by a first class magistrate in a summary trial of an offence under section 13, public gambling act, and have been sentenced to fines of rs. ..... as no offence under the public gambling act has been committed the convictions cannot be upheld. ..... in support of the application in revision it is contended by the learned counsel for the applicants that what has been described above does not constitute gambling within the meaning of the public gambling act. ..... i accordingly allow this application, set aside the convictions and sentences of the court below and direct that the fines, if paid, be refunded and the articles ordered to be confiscated be returned. ..... these articles are said to have ranged in value from 2 pice up to about a rupee. ..... it was more of the nature of a lottery and a harmless one at that. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All469
..... been convicted of offences under sections 3 and 4 of the public gambling act. 2. ..... contention is that their conviction under section 4 of the act is bad inasmuch as it has not been proved that they were found gambling in the aforesaid gaming house. ..... doubt that a person is 'found in the house' within the true meaning of section 4 of the act, if he is actually seen gambling in the house before the police officer effects his actual entry, or is caught under circumstances which make it sufficiently clear that he was gambling in the house when the arrival of the police gave the alarm to its inmates even though he is actually arrested outside the house. ..... knowingly permitted the kothri to be used and occupied by each other for the purpose of running a common gaming house. ..... 631 in which it was held that: 'the only crime under the public gambling act is being found in the place where gambling is going on and it is no offence to gamble in a public place as long as a person is not found ..... contended that whereas it has been found that both the applicants are owners of the kothri which has been found to be a gaming house, it has not been proved that they had knowingly permitted the same to be opened, occupied, used or kept by any other person as a common gaming house. ..... present case there is clear evidence of the sub-inspector that when he reached the spot he found that all the accused persons that were arrested were gambling. ..... had been canvassed there, there would have been a clear finding on the point. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC1153; 1996(1)ALD(Cri)798; [1996]86CompCas66(SC); 1996CriLJ1635; [1997]223ITR601(SC); JT1996(1)SC173; 1996(1)SCALE208; (1996)2SCC226; [1996]1SCR395
..... section 43 provides that any cards, dice, gaming table or cloth, board or other instruments of gaming found in any place entered or searched under section 42 shall be evidence that such place is used as a common gaming house. ..... the public gambling act, 1867 provided punishment for public gambling and for keeping of 'common gaming house'. ..... or betting or such collection, soliciting, receipt or distribution.instruments of gaming - 'instruments of gaming' include any article used or intended to be used as a subject or means of gaming, any document used or intended to be used as a register or records or evidence of any gaming, the proceeds of any gaming, and any winnings or prizes in money or otherwise distributed or intended to be distributed in respect of any gaming.section 42 of the police act gives power to the commissioner to grant warrant to enter any place which is used as a common gaming house and the arrest of persons found therein and to seize all instruments of gaming etc. ..... . these sections are applicable to the bucket-shops or any house, house room, tent, enclosure, vehicle, etc ..... . the 'three card' game which goes under different names such as 'flush', 'brag' etc ..... . in fact, in all games in which cards are shuffled and dealt out, there is an element of chance, because the distribution of the cards is not according to any set pattern but is dependent upon how the cards find their place in the shuffled pack .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom305
..... 61 the allahabad high court, interpreting the corresponding definition of a common gaming house in section 3 of the united provinces public gambling act, 1867, which is similarly worded, held that it must be established that the owner or occupier takes a fixed commission which is irrespective of the result of the gaming, or at least that he manipulates the conditions in such a manner that he cannot possibly lose. ..... in section 3 of the act a common gaming house is defined as meaninga house, room or place in which any instruments of gaming are kept or used for the profit or gain of the person owning, occupying or keeping such house, room or place or of the person using such house, room or place whether he has a right to use the same or not, such profit or gain being either by way of a charge for the use of the instruments of gaming or of the house, room or place or otherwise howsoever.3. ..... 671, where a house is searched on the authority of a warrant duly issued, and gambling is found going on in the house and instruments of gaming are also found therein, the presumption under section 7 of the act arises and dispenses with the necessity of direct evidence that the gambling was being carried on for the profit of the keeper of the house. mr. ..... in this case the accused has not only not produced any evidence but has failed to account for the finding of the instruments of gaming in his room. .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR22
..... 38 and section 12 of the bombay gambling act: ' in these two enactments, however, the offence is not that the individual members are making a profit at all, but simply that they are carrying on their gambling with such publicity that the ordinary passer-by cannot well avoid seeing it and being enticed-if his inclinations lie that way-to join in or follow the bad example openly placed in his way. ..... the only question is were the accused gambling in ' a public street, place or thoroughfare ' within the meaning of section 12 of the bombay gambling act.6. ..... the accused in this case have been convicted as being persons found playing for money against the provisions of section 12 of the bombay prevention gambling act 1887 in a railway carriage forming part of a through special train running between poona and bombay.2. ..... at the same time a good deal of the evidence that was given was irrelevant, the point to be decided being whether the train at that place, i. e. ..... 88 it was held that the word 'place' as used in section 11 of the gambling act, (bengal code, 2 of 1867) must be a public place and was ejusdem, generis with the other words in the section, public market, fair, street or thoroughfare. ..... the game they were playing was one known as heart crown and anchor and it was not disputed before us that they were gambling.5. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All199
..... section 8, public gambling act, in [3] of 1867, provides for the punishment of the owners or occupiers or persons having the use of common gaming houses, and also of the persona having the care or management of or in any manner assisting in conducting the business of a gaming house. ..... komil singh and others went, in revision, to the learned sessions judge who made a reference to this court on the ground that under section 8, public gambling act the magistrate was not authorised to order forfeiture of the moneys found on the persons of the accused. ..... it appears that komil singh was convicted under section 3, public gambling act, iii [3] of 1867, and sentenced to pay a fine of rs. ..... it also provides that such officers may search:'all parts of the house, walled enclosure, room or place which he or such officer shall have so entered when he or such officer has reason to believe that any instruments of gaming are concealed therein, and also the persons of those whom he or such officer so takes into custody; and may seize or authorise such officer to seize and take possession of all instruments of gaming found upon such search. ..... under section 5, the police or a magistrate of a district are authorised to enter and search a common gaming house and to seize all instruments of gaming, and all moneys and securities for money, and articles of value, reasonably suspected to have been used for the purpose of gaming, which are found therein. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(4)MPHT438
..... the trial court, after appreciating the evidence on record, convicted the applicant under section 4a of the public gambling act, 1867 and sentence to rigorous imprisonment for four months and a ..... charge sheet against the applicant for offence under section 4a of the public gambling act, 1867. ..... on appeal, the appellate court has remanded the case for retrial on the ground that the articles seized from the applicant were not brought before the court during trial or shown to the witnesses in proof thereof and as such the seizure of those articles was not legal in the eyes of law in the absence of material exhibit ..... air 2004 sc 3114, the supreme court has held that every endeavour should be made by the trial court to see that the trial is fair and it will not be correct to say that it is only the accused who must be fairly ..... the supreme court has further held that the presiding judge must not be a spectator and a mere recording machine but should be becoming a participant in the trial evincing intelligence, active interest and elicit all relevant materials necessary for reaching the correct conclusion, to find out the truth and administer justice with fairness and impartiality both to the parties and to ..... 1987 sc 1321, it has been held by the supreme court that ends of justice are not satisfied only when the accused in a criminal case is acquitted ..... of police station kotwali, panna, received an information that the applicant is involved in the act of gambling in front of his house. b.s. .....
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