A club that charges its members a reasonable fee to play a game of skill, such as rummy, is not a common gambling house within the meaning of the Hyderabad Gambling Act.

Judgment

M. HIDAYATULLAH, J.

( 1 ) THE State of Andhra Pradesh appeals by special leave against the judgment of the High Court of Andhra Pradesh in which, accepting a reference by the Sessions Judge, the conviction of the respondents under Sections 4 and 5 of the Hyderabad Gambling Act (2 of 1305 F) ordered by the 5th City Magistrate at Secunderabad has been set aside.

( 2 ) THE short question in this case is whether the premises of a Club known as the "crescent Recreation Club" situated in Secunderabad were being used as a common gambling house and whether the several respondents who were present at the time of the raid by the police could be said to be gambling therein. The facts of the case are as follows :-

( 3 ) ON 4/05/1963, the police headed by Circle Inspector Krishnaswami raided the premises of the club. They found respondents 1-5 playing a card game known as "rummy" for stakes. At the time of the raid, there were some counters on the table as also money and of course the playing cards with the players. Respondent No. 6, the Treasurer of the Club, was also present and was holding the stake money which is popularly known as "kitty. " The 7th respondent is the Secretary of the Club and he has been joined as an accused, because he was in charge of the management of the club. The kitty which the sixth respondent held was Rs. 74. 62 np and a further sum of Rupees 218/- was recovered from the table of the 6th respondent, 66 counters were on the table and some more money was found with the persons who were indulging in the game. The evidence of the Circle Inspector is that he had received credible information that the premises of the club were being used as a common gambling house and he raided it and found evidence, because instruments of gambling were found and the persons present were actually gambling. The Magistrate convicted all the seven respondents and sentenced them to various fines, with imprisonment in default. The respondents then filed an application for revision before the Sessions Judge, Secunderabad who made a reference to the High Court under S. 438 of the Code of Criminal Procedure, recommending the quashing of the conviction and the setting aside of the sentences. This recommendation was accepted by the learned single Judge in the High Court and the present appeal is brought against his judgment by special leave granted by this Court.

( 4 ) THE Hyderabad Act follows in outline the provisions of the Public Gambling Act, 1867 in force in India. S. 3 of the Act defines a "common gambling house". The translation of the Urdu text placed before us was found to be inaccurate but we have compared the Urdu definition with the definition of "common gaming house" in the Public Gambling Act, and we are of opinion that that represents a truer translation than the one included in the official publication. We accordingly quote the definition from the Indian Act, adding thereto the explanation which is not to be found in the Indian Act. common gambling-house" according to the definition means. :"any house, walled enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, enclosure, room or place, whether by way of charge for the use of the instruments of gaming, or of the house, enclosure, room or place, or otherwise howsoever. "explanation : The word house includes a tent and all enclosed space. THE contention in regard to this definition is that the evidence clearly disclosed that the club was being used as a common gambling house and therefore the penal provisions of the Act were clearly attracted. We are concerned additionally with several sections from the Gambling Act which need to be seen. S. 4, which follows in outline the corresponding section in the Public Gambling Act, provides for penalty for an owner, occupier or person using common gambling house and includes within the reach of the se