JUDGMENT

D.N. Roy, J. - Mahabir Prasad applicant has been convicted u/s 3 of the Public Gambling Act (No. III of 1867) for keeping a common gaming house and Misri Lal, Kapoor Chand, Ram Bharosey and Ram Dularey alias Parshoo applicants have been convicted u/s 4 of that Act for having been found in that gaming house for the purpose of gaming. The trial was a summary trial. Against their conviction and sentence they preferred a revision, but it was dismissed by the learned Sessions Judge. They have come up in revision to this Court.

2. Mr. Darbari, who has appeared on behalf of the Petitioners, has addressed me at length and the main grounds of his contention are set forth in the application for revision. The learned Counsel contends that according to the order promulgated by the local Government u/s 5 of the Act the warrant could be executed only by a police officer in charge of a police station not below the rank of Sub-Inspector, that in the present case the warrant under which the search took place was given to the station officer of the police station but, since he endorsed it in favour of his second officer who executed it and took the search, the execution of the warrant was ill