Sasi Kumar Bose and Kailas Chandra Adhikary vs The Emperor

Rampini, J.—The accused in this case were convicted of an offence under sec. 290 of the Indian Penal Code and sentenced to pay fines of Rs. 25 and Rs. 10 respectively. A rule was issued, calling upon the Magistrate of the District to show cause why the conviction, and sentences should not he set aside. The offence of which the accused have been convicted is that of gambling in front of a zemindary cutchery, and of abetting the same. But the Gambling Act is not in force in this part of Nuddia; and the accused do not appear to us to have committed any offence such as is defined in sec. 268. They have not caused "any danger or annoyance to the public or to the people in general who dwell, or occupy property in the vicinity." We therefore make the rule absolute and direct that the conviction and sentences be set aside and that the fines, if paid, be refunded.