Emperor vs Chimanlal Pranjivandas Gheewalla

Norman Macleod, Kt., C.J.—The petitioner was charged u/s 294-A, Indian Penal Code, for publishing during the months of April and May last a circular of the so-called lottery of the Athlone Club Annual Sweep, popularly known as the Derby Sweep, to be drawn on June 4, 1924, for selling tickets thereof. The Magistrate convicted him and sentenced him to pay a fine of Rs. 25, in default to undergo simple imprisonment for eight days.

The petitioner applies to this Court in revision. The following are the terms of the circular issued by the petitioner.

"Annual Sweep on the Derby in Aid of St Peter''s Building Fund of the Athlone Club. June 4th 1924. Prizes,

1st Horse �. 5,000 Rs. 75,000 2nd Horse �. 2,500 Rs. 37,500 3rd Horse �. 1,000 Rs. 15,000. Divided amongst Unplaced �. 1,000 Rs. 15,000 Starters. 50 Special Prizes of �. 25 Rs. 375 each. 160 Special Prizes of �. 10 Rs. 150 each. The Sweep will close on the 23rd May 1924-, and the Draw under the supervision of the patrons stated in the tickets will take place on May ''28, 1924. Prize winners will be notified by telegrams.

The above Sweep tickets can be obtained from the undersigned. Price of each ticket Rs. 10 only. On a, draw a commission of 6 1/4 per cent, will be deducted from the prize amount. Money in advance. A few tickets left. The favour of orders solicited.

Section 294-A run as follows :-

Whoever keeps any office or place for the purpose of drawing any lottery not authorized by Government shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.

It is contended that the petitioner has not thereby published any proposal to pay any sum for the benefit of any person relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, that is to say, a lottery such as is referred to in the first paragraph of the section. The case appears to us to be sufficiently covered by the decision in Queen-Empress v. Manaherji Kavanji Shapurji ILR (1885) 10 Bom. 97 In that case the proprietor of a Bombay newspaper who published an advertisement in his paper relating to a Melbourne, lottery was held to be punishable u/s 294-A, Indian Penal Code. The first question for the Court to decide was whether a foreign lottery was within Section 294-A. We have nothing to do with that question in this case The second point was whether the publication of a proposal to pay any sum for the benefit of any person or any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, was punishable. The Court said at p. 100 :-

To answer the second question we have to determine what is the meaning of the word ''published'' in this section. We do not find any definition of the word in the Indian Penal Code, and we must, therefore, take that word in its ordinary sense. Thus taking it, it seems to us that if A sends an advertisement to B, the proprietor of a newspaper, for publication, B is punishable as well as A for such publication.

Now, clearly the circular which was published by the petitioner did contain a, proposal to pay within the meaning of, the second paragraph of Section 294-A, Indian Penal Code. It was not necessary that the payment proposed to be made should be made by the person advertising. That was decided by the case we have referred to. The circular states that " the Sweep will be closed on May 23, 1924, and the draw under the supervision of the patrons stated in the tickets will take place on May 26, 1924. Prize winners will be notified by telegrams." It is clear, therefore, that the petitioner published a proposal to pay and the conviction was right. We reject the application.