Newsam, J.

Gambling is not a criminal offence in itself. Gambling in a public street, place or thoroughfare is an offence. The facts are that petitioner (appellant 4 and accused 5 in the case) and others were caught playing cards for money in a tanked at 3.30 P.M. I do not think that this amounts to an offence. I agree with the conclusion in Emperor v. Hussain Noor Mahomed (1906) 30 Bom 348 that it is not an offence to gamble in every public place. The word "place" in Section 12, Madras Gaming Act, means from its context a place akin to a street or thoroughfare, used regularly and necessarily by people going from one place to another. The real offence dealt with in Section 12 is obstruction or annoyance to wayfarers and pedestrians. I allow this petition and set aside the conviction and sentence on petitioner.