Police Officer Beliatta V. Babunappu

Present : Shaw J. 1921.

POLICE OFFICER, BELIATTA, v. BABUNAPPU

405-P. C. Tangalla, 10,814.

Unlawful gaming-Keeping a common gaming place-Owner of premises superintending premises and collecting " than."

The collection of commission on the stakes by somebody who is present at the gambling is not sufficient evidence that that person has the care or management of or assists in the management of a place kept or used as a common gaming place within the meaning of section 5 (c) of the Gaming Ordinance. When a person is the owner of a house, and is on the premises superintending the gambling and taking commission on the winnings gained, it is sufficient and definite proof that it is he who is keeping or using the place as a gaming house.

Hart v. Warnasuriya [1] and Thamby v. Ukku Banda [2] commented upon.

THE facts appear from the judgment.

Keuneman, for the appellant.

M. W. H. dc Silva, C.C., for the Crown.

May 9, 1921. SHAW J.-

In this case the accused has been convicted of an offence under section 5 (a) of the Gaming Ordinance of 1889, " being the owner or occupier, keeps or uses his place as a common gaming place." He

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