BHAT, J.

Petitioner herein filed Crl.M.P. 489(a) of 1983 in C.C. 1250 of 1982 on the file of the Judicial Magistrate of the Second Class, Trivandrum under S. 482 of the Code of Criminal Procedure seeking return of cash amount of Rs. 19,508.50 involved in that C.C. case on the ground that it belonged to him and was not related to gambling activity conducted in that case. The learned Magistrate declined to return the money to the petitioner and ordered the same to be confiscated. This order, having been confirmed by the Sessions Court in appeal, this revision is filed. A learned single Judge of this court passed an order referring the case to a Bench of two Judges on the ground that the answer to the question which has been raised will have far-reaching effect.

2. It appears, in 1982 under the auspices of the Trivandrum City Corporation, an exhibition was arranged in the Putharikandam grounds at Trivandrum. It appears a person by name A. Babu, obtained a right to play games of mere skill in one of the stalls and appointed the first accused (revision petitioner herein) as cashier with effect from 13-5-1982. On that night at about 9-30 p.m. Assistant Commissioner (L&O), Tri