( 1 ) SHORTLY stating the facts as apparent from the record are that on June 23 1973 -Police Sub Inspector made a report to the District Superintendent of Police Rajkot to the effect that the premises known as Rajkot Yuvak Sahakar Mandal situated on Mochhi Bazar Road near Krishna Cinema Rajkot was used as a common gaming house and gambling was going on therein. On due inquiry being made by the Deputy Superintendent of Police he was satisfied about the contents of the report with the result that a warrant was issued under the provisions of sec. 6 of the Bombay Prevention of Gambling Act (hereinafter referred to as the Act) to the Police Sub Inspector Rajkot City Division A respondent No. 1 herein. The said premises were then raided by the police party in early hours of June 24 1973 at 4-00 a. m. At the time of the raid it is alleged that 10 persons including the petitioner were found in the premises. They had gathered there for the purpose of gambling. It is further alleged that actual gambling was going on by play of cards and various tokens indicating different points per different design of the tokens were found at the time of the raid. Instruments of gambling were