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Judgment
2 paragraphs · 175 wordsThis was a rule calling upon the District Magistrate of Howrah to show cause why the order of the Deputy Magistrate of Howrah, convicting the applicants before us under sec. 4 of Act II of 1867 (B.C.) and sentencing the applicant No. 1 to pay a fine of Rs. 30, and each of the remaining applicants to pay a fine of Rs. 20 or in default to undergo rigorous imprisonment for one week, should not be set aside. We have read the explanation which the District Magistrate has submitted to us. We do not think that the premises of Messrs. John King and Company can be regarded as "a common gambling house," even though the durwans may have made some profit out of the gambling which went on there. Because gambling has gone on in the building, it does not follow that it is "a common gambling house."
We accordingly make the rule absolute and set aside the conviction of and sentence passed on the applicants. The fines if paid will be refunded.