Absence of profit or gain element precludes classification of private premises as a common gaming house.

The petitioners filed a petition under Section 482 of the CrPC to quash Criminal Case No. 17498 of 2021.

The case arose from an FIR (II-C.R. No. 11191001210292 of 2021) filed by the Anandnagar Police Station after a raid was conducted on House No. 83, Shaligram-2.

The police acted on an anonymous tip received at 23:52 hours and, after obtaining a warrant, raided the premises at approximately 00:15 hours, where they found five individuals with playing cards and colored coins.

The petitioners were charged under Sections 4 and 5 of the Gujarat Prevention of Gambling Act, 1887.

1. Whether the premises in question qualified as a "common gaming house" under Section 3 of the Gambling Act to attract the penal provisions of Sections 4 and 5.

2. Whether the competent authority complied with the statutory requirement of conducting a necessary inquiry and reaching objective satisfaction before issuing a special search warrant under Section 6 of the Act.

Under Section 3, a "common gaming house" requires that instruments of gaming be kept or used for the "profit or gain" of the person owning or occupying the house.

Section 6 mandates that a special warrant can only be issued if the competent authority, after making "such inquiry as he may think necessary," has "good grounds to suspect" the place is a common gaming house.

The Court also relied on the principle from Nimmagada Raghavalu v. Unknown (1952), which establishes that gambling is not an offence unless it occurs in a "common gaming house" where the element of profit or gain is present.

The Court observed that for a conviction under Sections 4 or 5, the prosecution must prove the premises were a "common gaming house." Upon reviewing the chargesheet and FIR, the Court found no evidence or allegations that Petitioner No. 1 used the house for "profit or gain" or charged others for its use.

The mere presence of playing cards, coins, and cash does not suffice to categorize a private residence as a common gaming house.

Regarding the search warrant, the Court noted the raid occurred just 23 minutes after the tip was received, suggesting the mandatory "inquiry" by the Deputy Commissioner of Police was perfunctory and lacked objective satisfaction.

The court reasoned that overstepping these statutory limits turns the law into an instrument of persecution.

Consequently, the Court allowed the petition and quashed FIR II-C.R. No. 11191001210292 of 2021 and all consequential proceedings against the petitioners. Rule was made absolute.