Horwill, J.

1. The petitioners were found in a common gaming house and all of them, with the exception of the 14th--and possibly of the 28th--accused, were found gaming. At the time of the search all the money found on their persons was seized by the Police; and the Magistrate ordered the confiscation of all that money. That order was upheld on appeal. These petitions were admitted on the question as to how far the Magistrate was justified in ordering the confiscation of the money found on the persons of the petitioners.

2. Section 5 of the Madras Gaming Act authorises the police officer making the search to seize all instruments of gaining and all monies and securities for money and articles of value reasonably suspected to have been used or intended to be used for the purpose of gaming which are found therein . . .

Under Section 10 of the same Act, the trial Magistrate may order all or any of the articles seized or the proceeds of the same to be forfeited. It is thus seen from these two sections that there is no necessity on the part of the prosecution to prove that the" money seized from persons in the gaming house was used or even intended to be used for gaming; because the