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Judgment
Yahya Ali, J.—To sustain a conviction u/s 46 of the Madras City Police Act it should be found as a fact that the accused was found gaming or was present for the purposes of gaming in a common gaming house. In the present case there is no finding that the place where the gaming was going on was a common gaming house. On the contrary while acquitting the first accused of an offence u/s 45 of the Act the learned Magistrate held that it was not established that the first accused was the occupier of the house and that he was conducting a gaming house. If in view of this conclusion it was felt that some other person was running a common gaming house at that place such finding should have been recorded indicating the evidence upon which it was based. As a matter of fact, there is no such evidence in this case. In this view, the conviction u/s 46 of the City Police Act cannot be maintained.
The petition is allowed, the conviction and sentence are set aside, and the fine, if paid, will be refunded.