Queen-Empress Vs Bala Misra and Others

John Edge, Kt., C.J. and Knox, J.@mdashIn this particular case there is evidence that gambling was actually being carried on in the house. Our attention has been drawn to the case of Queen-Empress v. Bhawani, Weekly Notes, 1895, p. 139, in which it was held, on the authority of some previous cases, that "cowries are not instruments of gaming." Ordinarily speaking, it would be incorrect to describe cowries as instruments of gaming, but if cowries are used in a particular case as a means of gaming, they are in that particular case instruments of gaming, at least in our opinion, within the meaning of that term as it appears in Act No. III of 1867. To explain ourselves a little further, the mere finding of cowries in a house would not raise the presumption that the house was used as a common gaming house, but evidence that cowries were used in a particular house as a means whereby to carry on gaming would bring the house within Section 6 of the Act. It entirely depends upon the use to which the cowries are put. If they are used for the purposes of gaming, as they frequently are in this country, they are, when they are shown to be so used, as much instruments of gaming as dice. We decline to interfere in this case. The record will be returned.