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Emperor Vs. Tulla and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in(1919)ILR61All366
AppellantEmperor
RespondentTulla and ors.
Excerpt:
act no. iii of 1867 (public gambling act), sections 3, 4 - common gaming house--order for confiscation of money found, on the persons of accused. - lindsay, j.1. this case has been referred by the session judge of saharanpur for the purposes of having an order passed by a magistrate set aside. the magistrate was dealing with a case under the gambling act and after convicting the persons who were accused before him he made an order confiscating some of the money which was found in possession of the persons concerned. the judge, i think, is right in saying that the law does not contemplate the confiscation of the money found on the person of the accused. he refers to a ruling of this court, emperor v. maturwa. (1918) i.l.r., 40 all., 517. i accept the recommendation of the learned judge and direct that the order of confiscation be set aside.
Judgment:

Lindsay, J.

1. This case has been referred by the Session Judge of Saharanpur for the purposes of having an order passed by a Magistrate set aside. The Magistrate was dealing with a case under the Gambling Act and after convicting the persons who were accused before him he made an order confiscating some of the money which was found in possession of the persons concerned. The Judge, I think, is right in saying that the law does not contemplate the confiscation of the money found on the person of the accused. He refers to a ruling of this Court, Emperor v. Maturwa. (1918) I.L.R., 40 All., 517. I accept the recommendation of the learned Judge and direct that the order of confiscation be set aside.


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