1. We agree with the learned District Magistrate that the Math in which the card-playing in this case was carried on cannot be regarded as a public place within the meaning of the Bombay Prevention of Gambling Act IV of 1887. We must, therefore, set aside the convictions of the accused and direct their acquittal and discharge.
2. The fines, if paid by them, should be refunded to them.
3. Conviction set aside.