TMI Blog1998 (11) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... been filed by the petitioners to quash Annexures-A1 and A2 in S.T.C. 2745 of 1995 of the Judicial First Class Magistrate-I, Hosdrug in Crime No. 272 of 1995 of the Hosdrug Police Station. The first petitioner is a fish-monger by profession. Petitioners 2 to 9 are also engaged in the business of fishing. They were charged for offences punishable under sections 7 and 8 of the Kerala Gaming Act. Ann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d as such there is no offence. It is therefore prayed that the charge-sheet against the petitioners are liable to be quashed. 2. Sections 7 and 8 of the Kerala Gaming Act read as follows: 7. Penalty for opening, etc. a common gaming house:- Whoever opens, keeps or uses, or permits to be used any common gaming house, or conducts or assists in conducting the business of any common gaming house ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 2(a) of the Act, which reads: 2(a) 'common gaming house' means any house, room, tent, enclosure, vehicle, vessel or any place whatsoever in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room, tent, enclosure, vehicle, vessel or place whether by way of charge for the u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T 484, this Court held as follows:- For invoking Ss.7 and 8, one of the conditions precedent is that thee must be a common gaming house. Gaming in a private building or place is not made offence. There is nothing to show that is intended to be prohibited also. The words used are not gaming house , but common gaming house . Common gaming house indicates that it is a place intended and used fre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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