Lindsay, J.:— This case has been referred by the Session Judge of Saharanpur for the purposes of having an order passed by a Magistrate set aside. The Magistrate was dealing with a case under the Gambling Act and after convicting the persons who were accused before him he made an order confiscating some of the money which was found in possession of the persons concerned. The Judge, I think, is right in saying that the law does not contemplate the confiscation of the money found on the person of the accused. He refers to a ruling of this Court, Emperor v. Maturwa. I accept the recommendation of the learned Judge and direct that the order of confiscation be set aside.
[Emperor v. Kifayat*, I.L.R, 41 All., 272, where a distinction is drawn between a conviction under section 3 or 4 and conviction under section 13. Ed.]
Recommendation accepted.