Short Note : Each of the non-petitioners has been convicted and sentenced to pay a fine of Rs. 30 and in default, to undergo seven days' rigorous imprisonment under section 13 of the Public Gambling Act, 1867, by the Additional District Magistrate (Judicial), Morena. It was a summons case and was tried summarily. Aggrieved by this decision, the non-petitioners moved the Court of Session, Morena for setting aside the conviction and the sentence. The learned First Additional Sessions Judge, Morena, reports that the conviction of the non-petitioners under section 13 of the said Act being bad in law, is not at all sustainable. for, in the first place, the learned trying Magistrate did not at all keep any record of the evidence heard by him. It is also complained that no opportunity was given to the non-petitioners to cross-examine the prosecution witnesses. But worst of all is the fact that there is no material on record to show that the place where the non-petitioners were allegedly caught playing the game of Satta was a public place, street. Held : That being so, the conviction of the non-petitioners under section 13 of the Act is liable to be set aside. As for other infirmities they are of course there but their effect is limited in that they are suggestive of prejudice to the non-petitioners in their defence. But the failure of the prosecution to prove that the place where the non-petitioners were caught was a public street or place goes to the very root of the case. Quashing of the conviction and sentence of each of the non-petitioners is, therefore, the only just course open. Reference accepted; conviction and sentence set aside.