- (1.) This rule in our opinion must be made absolute.
(2.) The petitioner is the President of the Chinese Buddhist Church and Club at 17, Black Burn Lane. Calcutta. On the 30th January, 1953. He applied to the Commissioner of Police, Calcutta, asking for leave to hold National Games, the proceeds of which will entirely be taken in the Church Fund, on the 10th/11th February, 1953, he addressed further letters to the Commissioner of Police explaining the nature of the games intended to be played adding that the games were only for the members of the Club. The Commissioner of Police replied stating that there was no objection to National Games being played but there should be no gambling. On the 15th February, 1953, when what are claimed to be National Games were in full swing a Police party raided the Club, arrested the petitioner and other members of the Club. They were tried for commission of offence under sections 44 and 45 of the Calcutta Police Act and convicted. The present petitioner was sentenced to a fine of Rs. 25, in default to rigorous imprisonment for 15 days under section 44 of the Calcutta Police Act, while no separate sentence was passed under section 45. Certain tables which had been seized from the Club were directed to be sold and the proceeds thereof to be credited to the Government. An amount of Rs. 972-12-0 which was also seized was forfeited.
(3.) The relevant portion of section 44 of the Calcutta Police Act for the purpose of this case provides that any person being the owner or occupier of a house who keeps or uses the same as a common gaming house shall be liable to punishment. Section 45 provides that whoever is found playing in any house which has been kept as a common gamine house "for the purpose of gaming. whether playing for any money, wager. stake or otherwise shall be liable" to punishment.;