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Nazir Khan Vs. Proladh Dutta and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1879)ILR4Cal660
AppellantNazir Khan
RespondentProladh Dutta and ors.
Excerpt:
gambling - beng, act ii of 1867, section 5--unauthorized entry and arrest--evidence. - .....finding no independent evidence on the record that the house which was entered and searched was a gaming-house within the meaning of the act, held, that it could not be presumed to be so under section 6 of the act, because that presumption only arises when the proceedings are authorized by the preceding section, which, for the reasons stated in the judgment, was held not to be the case.3. in the case under reference there is the direct evidence of the witness hurri krishna gosswami to show that the house of kangali dhoni was a gaming-house. therefore, although the action of the police may have been illegal, this would not exculpate the accused, or prevent the magistrate convicting them on other independent evidence.4. we, therefore, decline to interfere with the order of the deputy.....
Judgment:

Jackson, Offg. C.J.

1. This case is not on all fours with the one referred to by the Sessions Judge.

2. In that case a Division Bench of this Court, finding no independent evidence on the record that the house which was entered and searched was a gaming-house within the meaning of the Act, held, that it could not be presumed to be so under Section 6 of the Act, because that presumption only arises when the proceedings are authorized by the preceding section, which, for the reasons stated in the judgment, was held not to be the case.

3. In the case under reference there is the direct evidence of the witness Hurri Krishna Gosswami to show that the house of Kangali Dhoni was a gaming-house. Therefore, although the action of the Police may have been illegal, this would not exculpate the accused, or prevent the Magistrate convicting them on other independent evidence.

4. We, therefore, decline to interfere with the order of the Deputy Magistrate.


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