A public place under Section 12 of the Andhra Pradesh (Andhra Area) Gaming Act, 1930, is a place to which the public ordinarily resort or visit, regardless of whether they have a legal right to do so. It can be either a private or public property, and it may become a public place on a particular occasion when the public gathers there.

P. RAMACHANDRA RAJU, J.

( 1 ) A common question is involved in these two revision cases and it is whether the place called Happy Corner Amusement Park is a Public Place" within the meaning of Section 12 of the Andra Pradesh (Andhra Area) Gaming Act, 1930, hereinafter referred to as the Act. The learned Additional Sessions Judge, Krishna made the references recommending to quash the proceedings in the Bench Cases Nos. 8694 and 8695 of 1971 on the file of the First Class Bench Court , Vijayawada, on the ground that the above place cannot be considered as a public place within the meaning of Section 12 of the Act and therefore the petitioners in the two cases cannot be said to have committed any offence within the meaning of Section 12 of the Act. The allegation made against the petitioners in both the cases is : That on 23-11-1981 at about 8-15 p. m. they and others were found in the aforesaid place, Happy Corner Amusement Park situated in Sambamurthy Road, Vijayawada. They were found playing a game of chance by side betting while some other person was throwing arrows on the dart board. A sum of Rs. 52. 00 was found there on a cover sheet and it is alleged that the amount was kept there by the petitioners intending to use it for side betting. The police raided and arrested the petitioners and others.

( 2 ) SECTION 12 of the Act reads thus : "whoever is found gaming with cards, dice, counters, money or other instruments of gaming in any public street , place or thoroughfare or publicly fighting cocks , shall be liable on conviction to fine not exceeding fifty rupees or to imprisonment not exceeding one month : and such instruments of gaming and moneys shall be forfeited. "

( 3 ) A reading of the above section would show that for any person to be accused of the offence under this provision he must have been found playing a game which amounts to gaming and he must have been playing in a public street, place, or thoroughfare. According to the allegation, the petitioners were found playing a game of chance at a place called "happy Corner Amusement Park situated in Sambamurthy Road, Vijayawada. It is not the case of the prosecution that the petitioners were found playing on the road itself. Therefore it is not a case where they were found playing on a public street to thoroughfare. But according to the prosecution case the place which is being used for the purpose of these games and called Happy Corner Amusement Park is a Public Place. Therefore, the main question that falls for consideration is whether the place which is being used for these games under the name Happy Corner Amusement Park is a Public Place or not. With regard to the question whether the game which the petitioners were found playing , viz. , side betting at a game of darts can be said to be gaming or not. I do not think there can be any difficulty. As per the definition given for the term gaming in the Act, any play which includes wagering or betting comes under gaming. Therefore according to the allegation what the petitioners were found playing is gaming as they were found side betting at a game of darts.

( 4 ) THEN the question is what meant by a Public Place within the meaning of Section 12 of the Act and whether the place in question can be called a public place. A similar question came to be considered by various High courts in connection with offences similar to the one which is now under consideration. The Andhra Pradesh (Andhra Area) Gaming Act, 1930, is the same as the Madras Gaming Act, 1930. What is meant by the expression Public Place within the meaning of Section 12 of the Act came to be considered by the Madras High Court in several decisions.

( 5 ) IN the decision Jammula Raghunandhu v. Emperor, 1933 Mad WN 1422 it was held that the pial of a private residence where the accused along with others was found gaming with cash and play cards was not a public place within the meaning of Section 12 of the Madras Gaming Act and therefore no offence was committe

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