ARAMBAM MANIKCHAND SINGH AND ORS. Vs. THE MANIPUR ADMINISTRATION

JUDGEMENT

(1.) THE S.D.M., Imphal East, Manipur, convicted 10 persons under Section 4 of the Public Gambling Act in G. R. Case No. 412 of 1959 and sentenced each of them to pay a fine of Rs. 50/ -. Six of the convicted persons applied in revision to the Sessions Judge. The Sessions Judge has referred the matter to this Court under Section 438, Cri.P.C. with a recommendation in the conviction of the petitioners before him should be set aside.

(2.) THE facts are as follows:

(3.) THE learned Sessions Judge has now stated In his order of reference that what Section 4 has made punishable was gaming in a common gaming house and that in view of the finding of the Magistrate, that the house was not a common gaming house, he ought to have acquitted the persons found In the place and that the conviction was bad in law.