D. P. DESAI, M. K. SHAH, J.

( 1 ) THE four respondents in Criminal Appeal No. 383 of 1975 were charged before the learned Metropolitan Magistrate Ahmedabad in Summary Case No. 2957 of 1974 with an offence punishable under secs. 4 (1) (a) (b) (c) and (d) of the Bombay Lotteries (Control and Tax) and Prize Competitions (Tax) Act 1958 (the Act ). All the respondents are Directors of a private limited company known as Mohan Benefit Private Limited. The activity of this Company is to open schemes and enroll certain number of members or subscribers to the scheme. Each scheme is also known as a Group; and the number of subscribers is limited to a particular number. Each subscriber has to deposit or subscribe every month a particular amount for a particular number of months. The group in question as disclosed from the advertisement at Exh. 6 is described as Peoples Own Group. It is to consist of 2000 members each member subscribing a monthly subscription of Rs. 20. 00 for 60 months. Each members is to get a Pass-book allotted to him. 34 Chits will be drawn every month; and the first two lucky members will get Rs. 1 200 each. Thereafter they have not to pay any instalment with the result tha

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