Judgement

BACHAWAT, J. : The appellant and six other persons were charged under Ss. 4 and 5 of the Bombay Prevention of Gambling Act 1887. The Sub-inspector of police Shri Anjaria received information that the appellant was keeping a common gaming house. He obtained a special search warrant from the Deputy Superintendent of Police, Porbandar, Shri S.M. Pandya, and raided the appellant s house in Bantwa on June 4, 1961 at 1.p.m. The raiding party found the door leading to the upper floor closed. The inmates pressed against the door from the inside and did not open it until a black smith broke open the latch. Shri Anjaria seized torn and burnt pieces of playing cards lying on the floor of the central room, two packs of cards from a wall cabinet, some burnt cards lying on the floor and in the folds of a bed in the drawing room, four jokers and three packs of cards from trunks in the kitchen, some cash, burnt cigarette ends, bidis and matches and empty cigarette cases. All the accused were found in the upper floor. The appellant as the occupant of the house was charged under S.4 of the Act and the other six accused were charged under S.5. of the Act. The learned magistrate refused to ra