This Revision is preferred by accused 1 in C.C. No. 12628 of 1957, against his conviction and sentence by the learned Fifth Presidency Magistrate, Egmore.

The Revision Petitioner along with sixteen others was put up for trial of offences under sections 45 and 46 of the Madras City Police Act. The Revision Petitioner was charged with conducting a common gaming house at No. 69, Thulasingaperumal Koil Street. Accused 1 to 13 were said to have participated in the card game of chance known as “mangatha”, and accused 14 to 17, of whom accused 17 is a respectable doctor of the locality by name Dr. G. Narasimhachariar, were said to have been found in the above premises watching the game of mangatha between 2 and 3 p.m. on 3rd November, 1957. It is stated that when the Police raided the place they found a cash of Rs. 257-4-0 and other gaming materials and they were seized.

The case for the accused was as follows: Accused 1 stated that he was not running any common gaming house and that mangatha was not being played. Accused 17 stated that he had gone to No. 69, T. P. Koil Street, to see the chief tenant Doraisami Ayyangar who was suffering from filarial trouble, that after giving him a