( 1 ) THE petitioners have been convicted under S. 87 of the Mysore Police act, 1963, hereinafter referred to as the Act, and sentenced to a fine of rs. 50 each by the Special First Class Magistrate, Madhugm. in CC. No. 21 of 1971.

( 2 ) THE material facts necessary for the disposal of this petition are these: on 6-1-1971, the Superintendent of Police, Tumkur District (PW. 1) received reliable information that gambling was going on near madhugiri Town. He proceeded to Madhugiri with some beserve Police, Special Branch, Sub-Inspector of Police and head Constable. He came near Harihareswara Temple near Madhugiri at 4-30 P. M. There he directed his men who had accompanied him to change their dress. Then he proceeded to Shandy Maidan. From the shandy Maidan he observed that about 30 to 40 persons had gathered in a dry land belonging to Putta Kamanna. As he proceeded towards those persons, he observed that 20 to 25 persons were standing around the place and the petitioners viz. , 14 in number playing cards and some among them saying Andhar Bahar. The Superintendent of Police surrounded those persons who were playing cards and those who were standing there. All the persons that were stan

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