022-NLR-NLR-V-25-NAIR-v.-ISRAEL-et-al.pdf
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Present; Porter J.
NAIR v. ISRAEL et al.
255—P. C. Nuwara Eliya, 2,257.
Unlawful gaming—Empty room in the railway lines—Place to whichpublic have access.
An empty room in the railway lines where several personswere gambling with cards was held not to be a place to whichthe publio had access.
rj^HE facts appear from the judgment.
Weerctsuriya (with him Samarakoon), for accused, appellant.
May 23,1923. Porter J.—
I see no reason to disagree with the finding of fact in this caseby the learned Magistrate that the accused, eight in number,were gambling with cards at a game called “ Baby.” I cannot,however, agree with him on the question of law that .the place wasa common gaming place. The police did not enter on a warrant,so the prosecution had to depend on proof that the place was one,to which the public had access.
The place where the gaming was taking place was an “ emptyroom in the railway lines or a room devoid, of furniture.” Inorder to sustain a conviction, the place must be such a place as thepublic have access to within the meaning of section 2 (a) of theOrdinance. A room in the railway lines is not such a place, andexcept for the tenant allowed by the Railway Company j it wouldappear that all the others would be trespassers. It therefore isnot a place to which the public had access within the meaning of theGaming Ordinance, 1889. On this ground the conviction is set aside.
Set aside.