Decided on January 27,1960

Kamal Dhari Pandey Appellant
STATE Respondents


- (1.) These 19 Petitioners were tried by a Magistrate of the 1st class at Barrackpore upon a charge under Section 4 of the Bengal Public Gambling Act, 1867. Petitioner Jogeswar Goala was sentenced to pay a fine of Rs. 50, in default to suffer rigorous imprisonment for one week; the rest of the Petitioners were sentenced to pay a fine of Rs. 25 each, in default to suffer rigorous imprisonment for one week. The alamats were directed to be destroyed and the cash seized forfeited.
(2.) The case for the prosecution briefly was that on August 18, 1957, at about 4 p.m., a police party raided a place at Lakshmi Ghat within Khardah Police Station and arrested these 19 Petitioners who had been engaged in gambling with cards; cowries and coins. The Petitioners were searched, and a sum of money was recovered from their person; and from the floor of the room besides other sums of money, cards and cowries were seized.
(3.) The police raided the place in pursuance of an order of the Sub divisional Magistrate of Barrackpore authorising a Sub-Inspector of Police to search it. No search warrant had, however, been issued; but on the strength of the order made by the Magistrate the place was raided, the seizure made and the accused taken into custody.;

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