The Madras High Court has set aside the order of a lower court sentencing 30 persons to two-day simple imprisonment for gambling in Salem district.
Allowing the pleas challenging their conviction and sentencing, Justice A Arumugaswamy held that the provisions of Tamil Nadu Gaming Act, 1930 would not apply and only the Chennai City Police (Extension to the Cities of Salem, Tiruchirappalli and Tirunelveli) Act, 1997 would hold good to these areas for the offence of playing cards for money.
The petitioners challenged the order of the magistrate on the ground that the above act under which they were convicted was not at all applicable as on the date of arrest and conviction.
Their counsel submitted that as the act was already substituted by another act, the act under which the petitioners were convicted and sentenced would not apply and it had to be set aside.
The TNG Act was not in force on the date of occurrence, and it was substituted by the Chennai City Police Act which was extended to the cities of Salem, Tiruchirapalli and Tirunelveli and the latter was only applicable, the court said.
The judge, while concurring with the submissions of the counsel for the petitioners, in his order, said, "I am of the view that filing of final report under the wrong provisions of the act and taking cognizance of the offence are not sustainable in law. On that ground itself the conviction and the sentence imposed by the lower court has to be set aside and accordingly set aside."
The judge also ordered return of Rs 84,370 which was recovered from S Kumarappan and 29 others of Salem District who challenged their conviction.
Police arrested the petitioners on February 29, 2012 when they found them playing cards for money. After a case was registered under TNG Act, they were produced before the magistrate who sentenced them to undergo simple imprisonment for a period of two days on March 1, 2012.
