Judgment

SARKARIA, J.:- This appeal by special leave is directed against a judgment, dated November 15/16, 1973, of the High Court of Gujarat. The material facts are as under:

2. On June 23, 1973, a Police Sub-Inspector made a report to the District Superintendent of Police, Rajkot, to the effect that the premises known as Rajkot Yuvak Sahakar Mandal. situated at Mochhi Bazar Road, near Krishna Cinema, Rajkot was used as a common gaming house and gambling was going on therein. The Deputy Superintendent of Police, after making an inquiry, was satisfied about the contents of the report and he issued a warrant under Section 6 of the Bombay Prevention of Gambling Act (hereinafter referred to as the Act) and sent it to the Police Sub-Inspector, Rajkot, for execution in accordance with law. The Sub-Inspector then reached the aforesaid premises in the early hours of June 24, 1973 at 4 a. m. He found 10 persons, including the respondent herein, in the premises. They had all gathered there for the purpose of gambling, and gambling was actually going on by play of cards, and tokens of various designs, which were used to indicate the different points, were also found there. All the ten persons