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Emperor Vs. Maturwa - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1918)ILR40All517
AppellantEmperor
RespondentMaturwa
Excerpt:
act no. 111 of 1867 (public gambling act), section 13 - gaming in public place--seizure of money as well as instruments of gaming illegal - .....sessions judge refers. acceding therefore to the recommendation of the learned sessions judge, i set aside so much of the order of the magistrate as directs the-confiscation of the money found in the possession of the accused and direct that it be refunded to.....
Judgment:

Pramada Charan Banerji, J.

1. The accused in this case was convicted under the Gambling Act. The Magistrate who convicted him ordered confiscation of the money which was found in his possession. The learned Sessions Judge has reported the casa to this Court with the recommendation that this portion of the learned Magistrate's order should be set aside as not being in conformity with law. It is clear from the language of Section 18 of the Gambling Act that all that could be confiscated were the instruments of gaming. This was so held in the case to which the learned Sessions Judge refers. Acceding therefore to the recommendation of the learned Sessions Judge, I set aside so much of the order of the Magistrate as directs the-confiscation of the money found in the possession of the accused and direct that it be refunded to him.


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