K.V. Sankaranarayanan, J.

The prayer in these two petitions are for quashing the charge sheets under S.7 and 8 of the Kerala Gaming Act. Crl.M.C. 4067/99 is to quash the complaint in C.S.8/99 pending before the Judicial First Class Magistrate-Ill, Thiruvananthapuram. The prayer in Cr1.M.C. 4093/99 is to quash the complaint in S.T. 4128/99 on the file of the Judicial First Class Magistrate, Irinjalakuda. As common points are involved, these petitions have been heard together.

2. In C.C. 8/99, the prosecution case is that 5 accused persons therein were seen engaged in a game of cards for stakes in a room in a hotel. The receptionist in the hotel is the first witness. According to his case diary statement, the police party came and conducted a raid and found 4 persons engaged in a game of cards and the Sub Inspector arrested them and also recovered a substantial amount from them. It is argued for the petitioners, who are named as accused persons that the charge sheet does not make out an offence under Ss.7 and 8 of the Act. The petitioners have some explanation for the possession of the money recovered from them. Reliance is placed on the ruling in Kunhikannan & Ors. v. Asst