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TMI Blog1963 (1) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... also tried under s. 3 of the Act. All the original accused except one were convicted under s. 4 of the Act and sentenced to one months' simple imprisonment. Krishnachandra was convicted in addition under s. 3 of the Act and sentenced to one months' simple imprisonment. The sentences in Krishnachandra's case were ordered to run concurrently. 2. All these persons appealed unsuccessfully to the Court of Session. The three appellants then filed a petition for revision in the High Court. The High Court also issued a notice under s. 439 of the Code of Criminal Procedure to these appellants to show cause why the sentences passed on them should not be enhanced. The High Court by its order dated December 14, 1960, dismissed the revisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be deemed to be gaming . 4. Gaming house is defined to mean - Any house, room, tent, enclosure, space vehicle, vessel or any place whatsoever in which gaming takes place or in which instruments of gaming are kept or used for gaming. 5. The expression instruments of gaming includes - 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 record 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 . 6. These definitions show that a gaming house is a place in which gaming takes place or in which instruments of gaming are kept for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Any person found in any gaming house during any gaming therein shall be presumed, until the contrary is proved to have been there for the purpose of gaming. 9. A proviso provides for enhanced penalties in the same way as in s. 3. 10. Section 5 gives powers to certain officers to enter or to authorise police officers (not below the rank of a sub-inspector) to enter and search a gaming house but the power is exercisable only if the officer concerned is satisfied, upon credible information, and after such inquiry as he may think necessary, that there are good grounds to believe that any house, room, tent, enclosure, space, vehicle, vessel or place is used as a gaming house. Section 6 which is impugned in this appeal then provides ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed because the sections unreasonably impair the right of assembly and the right to hold and enjoy property. It is not contended that gambling in the form of betting or wagering or as explained in the explanation to s. 2(d) is not an evil from which society needs to be protected. What is complained of is the manner in which the offences of keeping a gaming house and gaming in a gaming house may be proved against the respective offenders. It is contended that this proof largely depends upon the suspicion of an officer and the discovery on search of innocent articles like playing cards and dice and that added to these unreasonable provisions, the burden of proof, which should always lie on the prosecution, is reversed and the alleged offender ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the impugned provisions can be regarded as unreasonable in the sense explained it is necessary to consider them in some detail. We begin with the definitions. Gaming is defined to include wagering and betting which are the commonest forms of gambling but the definition leaves room for inclusion in the term other forms which gambling might take. There is nothing in the definition to make it unreasonable or to offend against any of the guaranteed rights. Next comes the definition of gaming house . A house becomes a gaming house if gaming takes place there or instruments of gaming are kept there or used for gaming. The definition is no doubt wide and there is not only a long list of places which come within the expression 'gaming hous ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to take the persons present there into custody and to search them and to search the place and seize all things reasonably suspected to have been used for the purpose of gaming. Pausing here, it is clear that the power is given the superior officers who are expected to act reasonably and after due satisfaction. But the matter does not end there. After the arrests and seizures have been made the officer who entered the place and seized the articles has to satisfy the Court that his suspicions were based on reasonable grounds and it is only then that the burden is shifted to the accused to prove his innocence. Though the word used in s. 6 is suspecting in actual proof this suspicion must be demonstrated to be reasonably based. The safegua ..... X X X X Extracts X X X X X X X X Extracts X X X X
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