The judgment establishes the interpretation of a common gaming house and the application of relevant sections of the Madras City Police Act in cases of betting on horse races.

Horwill, J.

1. For a very long time the Assistant Commissioner of Police, Southern Range, Madras had been watching the activities of the 1st and 2nd accused in connection with what was known as the Aryan Sports Club; and when he thought he had received sufficient information about the doings of these accused and their organization he arranged that a number of police officers should join with him and the present premises of that organization in No. 7, Second Street, Ibrahim Salt Colony, Egmore. Constables who had been stationed at that house from the early morning had seen numbers of people coming and going. When the first police party forcibly entered the house, they met with some resistance, and persons inside attempted to get away by forcing themselves past the police officers. Two persons, the second accused and another who was acquitted in the lower Court, succeeded in escaping; but with the assistance of other police officers all those found inside the house were rounded up and charge-sheeted before the Presidency Magistrate. During the course of the search the police found large quantities of materials used in connection with betting on horse racing, a long list being given in the evidence of P. W. 1, amounting to about 150 articles or groups of articles. The 1st and 2nd accused were charged under Section 37 (2) and Section 45 of the Madras City Police Act as being the persons who owned or occupied the Chouse and used it for the purpose of betting on horse races. All the other accused were charged under Section 37 (3) with being found gaining on horse races and under Section 46 with gaming or being present for the purpose of gaming in a common gaming house. The 1st and 2nd accused were sentenced to two months rigorous imprisonment each, while the other appellants were sentenced to fines of Rs. 100 or Rs. 150 each. Some, other persons were charged as being connected with this association for the purpose of gaming; but they were acquitted on the ground that they were not present on the day on which the raid was made. It is not quite clear why they were acquitted. If, as the Magistrate held, they were agents of this business and had actually been receiving bets in connection "with the races that were being held or had been held at about the time when the raid, was made, they were guilty under Section 37 (3) notwithstanding the fact that they were not present in, the house, when the raid was made. All the convicted persons have appealed ;

2. The police have examined a number of witnesses, many of whom were police officers who took part in the raid on that day. Other persons were taken as approvers, persons who admitted having had something to do with that organization and who speak to what had been going on in that house and to the parts, played by the various accused in that organization. Some witnesses were examined to show that the 2nd accused was present in the house on that day. Some saw him there; others speak to the manner in which he escaped from the house and very hastily engaged a taxi to take him to Renigunta, where he succeeded in catching the train to Poona. The 2nd accused set up a plea of alibi and much of the discussion in the lower Court related to that plea. He examined a number of persons of status of Poona, who supported his plea of alibi; but Mr. Jayarama Aiyar has very rightly not attempted to support this plea of this accused because the evidence against him on this point is overwhelming. The Assistant Commissioner and others saw him in the house; some others saw him outside the house; and the driver of the taxi which took him to Renigunta and others speak to his negotiations for the hire of the taxi for that purpose. That the taxi was used on the day when the raid was made is proved beyond all doubt by the production of petrol receipts for that day, showing that a large quantity of petrol was purchased.,So the 2nd accused, like the other accused, has to accept the position that he was present at