ORDER

Gyanendra Kumar, J. - The third temporary Civil and Sessions Judge of Budaun has made this reference to this Court in a case in which the accused were convicted u/s 13 of the Public Gambling Act and were sentenced to pay a fine of Rs. 50 each. The accused were arrested by the sub Inspector while playing Kauris in the grove of one Nazir. The grove lay to the west of a road running north south and was visible from the brink of the road, as is evident from the site plan. The Sub Inspector arrested the applicants on the spot and recovered some money from the Phar as well as from their person.

2. The Magistrate convicted and sentenced the accused as stated above and further directed that the money recovered from the Phar and the person of the accused shall be confiscated to the State.

3. On revision by the applicants, the learned temporary Sessions Judge maintained the conviction and sentences but did not agree with the finding of the Magistrate that the money recovered from the possession of the accused was liable to be confiscated. On this last point alone, he has made this reference.

4. Shri N. Lal, learned Counsel for the applicants, not only supports the reference but further urg