Present: Porter J.

NAIR v. ISRAEL et al.

255-P. C. Nuwara Eliya, 2,257.

Unlawful gaming-Empty room in the railway lines-Place to which public have access.

An empty room in the railway lines where several persons were gambling with cards was held not to be a place to which the public had access.

THE facts appear from the judgment.

Weerasuriya (with him Samarakoon), for accused, appellant.

May 23, 1923. PORTER J.-

I see no reason to disagree with the finding of fact in this case by the learned Magistrate that the accused, eight in number, were gambling with cards at a game called " Baby." I cannot, however, agree with him on the question of law that the place was a common gaming place. The police did not enter on a warrant, so the prosecution had to depend on proof that the place was one, to which the public had access.

The place where the. gaming was taking place was an " empty room in the railway lines or a room devoid of furniture." In order to sustain a conviction, the place must be such a place as the public have access to within the meaning of section 2 (a) of the Ordinance. A room in the railway lines is not such a place, and