AIR 1930 OUDH 403

Oudh High Court

Hon'ble Judge(s): Pullan , J

*(A) Public Gambling Act (18 of 1867) , S.3, S.4— Dewali gambling is not an offence unless it is in contravention of Gambling Act. Gambling in Dewali should not be considered to be an offence; but the law will not countenance gambling even at Dewali if it is in contravention of the Gambling Act. Where the only evidence that anything was done in contravantion of the Gambling Act was that the owner of the house had in front of him a small pot containing As. 15 and there was no reason to suppose that the sum represented his profits or that it was what is known as ''nal" and the sums staked were quite trifling. Held: that it was only a case of Dewali gambling in private house and no offence was committed under the Gambling Act *(B) Public Gambling Act (18 of 1867) , S.5— To issue gambling warrant to raid houses where goes on in Dewali is undesirable. To issue warrant to raid houses where gambling goes on at the time of Dewali is highly undesirable as the police are merely encouraged to run in numbers of perfectly innocent persons in order to get a reward. .....