JUDGMENT 1. The conviction in this case is under sec. 11 of the Gambling Act, II (B. C.) of 1867. Two questions are raised in this rule (eliminating the question of jurisdiction which we need not upon the report of the District Magistrate discuss), namely, first, whether the place where the gambling took place is a place within the meaning of the said sec. 11, and, secondly, whether the money used in the gambling could be confiscated. Sec. 11 runs thus:-- A police-officer may apprehend without warrant any person found playing for money or other valuable thing with cards, dice, counters or other instruments of gaming used in playing any game not being a game of mere skill in any public market, fair, street, place or thoroughfare situated within the limits of aforesaid," and so on. The word "place" cannot but be a public place within the meaning of this section, and is evidently ejusdem generis with the other words in the section, public market, fair, street, or thoroughfare. The place must be of the same character as public market, fair, street or thoroughfare. 2. Now the gambling in this case took place within a thakurbari surrounded by a high compound wall. It is not a place where any member of the public is entitled to go. The Sub-Divisional Magistrate, who convicted the accused, has held that it is a public place because "anybody and everybody was allowed to go in and come out." The ground, as stated by the Magistrate, cannot be supported. Though in a thakurbari belonging to a Hindu anybody and everybody would be allowed to go in, yet the owner of the thakurbari is entitled to prevent any particular individual going in. if he so chooses and as a matter of fact men who are not Hindus are not allowed to go into a thakurbari. We are of opinion that the reason upon which the Sub-Divisional Magistrate held that this was a public place cannot be sustained. 3. Upon this ground and upon this ground alone, the conviction should be set aside. Then as regards the money confiscated if the conviction cannot be sustained, the order for confiscation must also fall. The order for confiscation is accordingly set aside and the money will be refunded.