D. S. DAVE, J.

( 1 ) THIS reference comes on the report of the learned Sessions Judge, Bharatpur, dated 28-11-1958.

( 2 ) THE facts giving rise to it are that the District Superintendent of Police, Bharatpur, issued a warrant on 22-3-1958, under Section 5 of the Rajasthan Public Gambling Ordinance, 1949 (No. 48 of 1949 ). It was stated in the warrant that the Superintendent of Police had received credible information and that he was led to believe that the house of one Hira Sunar situated near Dal Bazar, Bharatpur, was used as a common gaming house. He, therefore, authorized Shri Shiv Ram Singh, Station House Officer, Bharatpur, to search the said house and to take into custody persons, who may be found therein, whether actually gaming or not, and also to seize the instruments of gaming, money, etc. The prosecution story is that on the basis of this warrant Shri Shiv Ram Singh raided Hira Sunars house and thereafter the two accused Devisingh and Hukma were prosecuted in the Court of the City Magistrate, Bharatpur, for offences under Sections 3 and 4 of the Rajasthan Public Gambling Ordinance, 1949, (No. 48 of 1949), which will hereinafter be referred to as the Ordinance.