KOMIL SINGH Vs. REX

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge of Budaun.

(2.) IT appears that Komil Singh was convicted under Section 3, Public Gambling Act, 3 of 1867, and sentenced to pay a fine of Rs. 45 or in default to undergo rigorous imprisonment for one and a half months. Munshi Singh, Nanneh, Pati, Mangli and Kehar Singh were convicted under Section 4 of the same Act and each of them was sentenced to pay a fine of Rs. 35 or in default to undergo rigorous imprisonment for one month. Certain moneys were recovered from their persons on search, and certain moneys were recovered from the place where they were gambling. The learned Magistrate who tried the case in the first instance and convicted the appellants, ordered the forfeiture not only of the moneys found at the place where the accused were gambling but also of the moneys which were found on their persons upon search.

(3.) 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. This reference came up for hearing before our brother Hon'ble Wanchoo, J., who has referred it to a Bench as there was a conflict of decisions in this Court.