JUDGMENT

Costello, J. - In this case three accused persons Saligram Khetry, N.H. Balakani and R.N. Swinton were charged u/s 44, Calcutta Police Act (Bengal Act 4 of 1866). Khetry was the proprietor of a show known as The Grand Variety Show and Balakani and Swinton were his assistants who helped him in running that show. On 14th January 1932 an application was made to the police authorities by the manager of that show for permission to carry it on at 124, Bow Bazar Street, for a period of three months and to conduct various side shows and games of skill including a game known as the "dart game." The permission asked for was granted by the police on 19th January 1932. But on 16th February 1932 an order was issued by the police authorities countermanding the sanction as regards the particular game known as the dart game on the ground that it did not belong to the classes of game which are predominantly games of skill. This order was duly communicated by a police officer on the following day to the accused Saligram Khetry at about three o'clock in the afternoon. Another police officer was sent out at 5 p.m. to ascertain whether the game was still being carried on and upon his reporting