Asthana, J.

[1] This is an application in revision by one Hannu who has been convicted under Section 332, I. P. C., and Section 3, U. P. Gambling Act and has been sentenced to six months rigorous imprisonment under Section 332, Penal Code, and to a fine of Rs. 150/- under Section 3, Gambling Act.

[2] It was contended on behalf of the applicant that the Sub-Inspector who entered the house for search was not competent to do so as he had not been authorised under Section 5, U. P. Gambling Act. It appears from a perusal of the judgments of the lower Courts that the Superintendent of Police had authorised the Station Officer, Jhansi, under Section 5, Gambling Act, to enter the house of the applicant in order to make the search as he was satisfied that the house in question was used as a gaming house, that the warrant which was directed to the Station Officer was not executed by him personally but was endorsed by him in the name of another Sub-Inspector and it was that Sub-Inspector in whose name the warrant was endorsed who entered the house along with some constables and other persons to make the search, and that while the search was being made the applicant assaulted one of the