On the following morning at 7 a.m., the petitioner and his companypanions submitted an application to the Police Sub Inspector, who was the first respondent before the High Court, requesting him to enlarge them on bail.
At about numbern, however, the respondents were produced before the Magistrate, who released them on bail.
The Sub Inspector did number companysider their bail applications, number did he pass any order thereon.
The Sub Inspector did number companysider their bail applications and release them on bail because he was prohibited from doing so by a Circular order issued by Shri P. H. Jethwa, District Superintendent of Police, Rajkot, directing all the Police Sub Inspectors number to release persons arrested in respect of offences under Sections 4 and S of the Act on bail, because in the Form of the warrant prescribed under Section 6 of the Act, it is mentioned that the arrested persons should be produced before the Magistrate.
Appeal by Special Leave from the Judgment and order dated 15/16 11 1973 of the Gujarat High Court in Crl.
The Circular order further directed that the arrested persons under the Act should be produced before the Magistrate.
This Circular order Ex.
The instruments of gaming were also seized.
All the ten persons were arrested in respect of offences under Sections 4 and S of the Act.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
They had all gathered there for the purpose of gambling, and gambling was actually going on by play of cards, and tokens of various designs, which were used to indicate the different points, were also found there.
20 of 1975.
S. Marwah, Amicus Curiae for the Respondents.
22/73.
The Judgment of the Court was delivered by SARKARIA, J. This appeal by special leave is directed against a judgment, dated November 15/16, 1973, of the High Court of Gujarat.
L. Nain, M. N. Shroff for the Appellants.
A. No.
B was impugned by a writ petition under Article 226 of the Constitution before the High Court.
The Sub Inspector then reached the aforesaid B premises in the early hours of June 24, 1973 at 4 a.m. He found 10 persons, including the respondent herein, in the premises.
The Deputy Superintendent of Police, after making an inquiry, was satisfied about the companytents of the report and he issued a warrant under Section 6 of the Bombay Prevention of Gambling Act hereinafter referred to as the Act and sent it to the Police Sub Inspector, Rajkot, for execution in accordance with law.
The material facts are as under On June 23, 1973, a Police Sub Inspector made a report to the District Superintendent of Police, Rajkot, to the effect that the premises known as Rajkot Yuvak Sahakar Mandal situated at Mochhi Bazar Road, near Krishna Cinema, Rajkot was used as a companymon gaming house and gambling was going on therein.
