High CourtsDivision Bench(1938) 02 MAD CK 0008

In Re: Bondanthila Naranappayya and Others

Madras High Court · Decided on 23 February 1938 · Citation: (1938) 47 LW 750 : (1938) 1 MLJ 509

HON’BLE JUDGES
Burn, J

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Judgment

10 paragraphs · 214 words

Burn, J.—The contention that the Stationary Sub-Magistrate''s warrant was not issued u/s 5 of the Gaming Act cannot be accepted. The

contents of the warrant show, as the learned Joint Magistrate has very properly observed that it was in fact issued u/s 5 of the Gaming Act. I may

remark that there is no prescribed form for warrants u/s 5 of the Gaming Act, and moreover that section does not require the Magistrate to record

anywhere his reasons for believing any information the police may have given him. It does not even require him to record the fact that he has reason

to believe that any place is used as a common gaming-house. All that it requires is that the Magistrate shall have reason to believe...; if he has, he

can issue his warrant, not in any particular form, but his warrant giving authority to a Police Officer to do certain things. The requirements of

Section 5 are here complied with, and the learned Joint Magistrate decided rightly that the presumption of Section 6 of the Act was available to the

prosecution.

2.

There was other evidence also on which the findings of the lower Courts could be based.

3.

I can find no ground for interference in revision and 1 dismiss this petition.