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