Present: Shaw J.     1920.

SILVA v. SILVA.

348-P. C. Galle, 12,927.

Gaming Ordinance, No. 17 of 1889, s. 7-Hearsay evidence insufficient to justify the issue of warrant.

Mere hearsay evidence in an affidavit is not sufficient to enable a Magistrate to issue a warrant under section 7 of the Gaming Ordinance, No. 17 of 1889.

THE facts appear from the judgment.

J. S. Jayawardene, for accused, appellant.

June 22, 1920. SHAW J.-

The accused has been fined Rs. 100 for unlawful gaming, and has appealed on the ground that the warrant, under which the house where the gaming is said to have been going on was searched, was not issued in conformity with the provisions of section 7 of the Gaming Ordinance in that the affidavit on which the warrant issued was not sufficient to satisfy the Magistrate that there was good reason to believe that the place was kept or used as a common gaming place. The affidavit of the Sub-Inspector merely states that he has received credible information from one Richie and other private inquiries that unlawful gaming was being carried on in the house. There was no affidavit or evidence by Richie or by any other person.