Yorke, J.
1. This is a reference by the Additional Sessions Judge of Benares at Jaunpur recommending that the order passed by a Magistrate in a case under the Gambling Act that the money found on the persons of the six accused who have been fined shall be at the disposal of the Government be set aside. The learned Judge remarks that this part of the Magistrate's order is clearly in the teeth of the provisions of section 13, u.p. gambling act, for by no stretch of imagination can money be regarded as among the instruments of gambling. The learned Sessions Judge has referred to a ruling of this Court and I think there are other rulings on the point.
2. I accept the reference and direct that that part of the Magistrate's order which directs the confiscation of the money found on the persons of the accused, be set aside.