JUDGMENT

Grimwood Mears, Kt., C.J., Lindsay and Ryves, JJ. - Atma Ram was convicted by the District Magistrate of Dehra Dun u/s 3 of the Public Gambling Act (Act No. III of 1867) as amended by Act No. I of 1917 of the Local Legislature and sentenced to pay a fine. His appeal was dismissed by the learned Sessions Judge of Saharanpur. He then filed a revision in this Court on the ground that the conviction was untenable having regard to two recent decisions of this Court which will be referred to hereafter. The case has been referred to a Full Bench. The order of reference is as follows: "Having regard to the very singular form in which "common gaming house" has been defined and to the decisions in Lachhi Ram v. King-Emperor 1922 (20) A.L.J. 218 and Emperor v. Durga Prasad ILR 1923 All. 258, I think it desirable to appoint a Full Bench to consider whether on a-fair construction of the words 'used for the profit or gain of the person owning', the acts done by Atma Ram are sufficient to support the conviction or whether the language of the definition is inapt and insufficient."

2. The judgment of the trial court is somewhat involved and it is not easy to find from it what are the real facts of the case. After a careful examination of the judgment on appeal and the evidence on the record, it is possible to arrive at a conclusion as to what the facts actually were. Once these facts are ascertained, we have no hesitation in holding that the conviction was justified.

3. The law regulating public gambling in these provinces was Act No. III of 1867 and it proved for nearly 50 years to be adequate. In 1910, however, a new form of gambling came into fashion and rapidly increased in popularity. This was known as Satta gambling. The public were invited to guess what would be the last two digits or the last digit or the average price of a chest of opium at the monthly sale in Calcutta.

4. In the town of Agra, and, subsequently, in the neighbouring western districts, this form of gambling came into such a vogue as to dislocate the daily life of a large number of artizans and the poor classes and caused much misery in their families, and led to an increase of crime. A somewhat similar form of gambling was also introduced later into Saharanpur, Moradabad and neighbouring districts. Instead of the price of opium, the average price of cotton in Bombay as telegraphed by a broker, was used for the purpose of betting and bets were made on the last digit or the last two digits.

5. If such betting was carried out in "a public place," the Act as it stood would suffice; but it was felt that if this form of gambling was carried on in a house or other place which would not be characterized as a public place, the Act as it stood would not apply. Act No. I of 1917 of the Local Legislature was passed in order to meet this new form of gambling, and the definition of "common gaming house" as it stood ill the old Act was modified. Under the new Act it was provided by Section 2 that "gaming" includes wagering or betting, except wagering or betting upon a horse-race, when such wagering or betting takes place-

(a) on the day on which such race is to be run and

(b) in an enclosure which the stewards controlling such race have, with the sanction of the Local Government, set apart for the purpose,

but does riot include a lottery;

6. "Instruments of gaming" include any article used as a means or appurtenance of, or for the purpose of carrying on or facilitating, gaming;

Common 'gaming-house' means any house, room, tent, or walled enclosure or space, or vehicle, or vessel, or any place whatsoever, in which any instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room, tent, enclosure, space, vehicle, vessel or place, whether by way of charge for the use of such house, room, tent, enclosure, space, vehicle, vessel, place or instruments or otherwise howsoever.

7. The difficulty in this case arises from the words