These batches of criminal revisions, Criminal Revision No 17(K) 90, State of Nagaland vs. Shekiye Sema, corresponding to G. R. Case No. 85 of 1990, Criminal Revision No. 18 (K) 90, State of Nagaland vs. Yetovi Sema corresponding to G. R. Case No. 86 of 1990 and Criminal Revision No. 19 (K) 90, State of Nagaland vs. Khehoshe Sema, corresponding to G. R. Case No. 87/90 arises out of the judgment and order passed by the learned Additional Deputy Commissioner (J) Zunheboto by its order dated 1.10.90 and raised common question of law, and as such I proposed to dispose of these 3 revision petitions by a common judgment. 2. In spite of issuance of notice, none appears for the respondents. Mr. I. Jamir appears for the State of Nagalana and heard him at length. 3. These criminal revisions preferred by the State of Nagaland raises an important question of law, as to whether the Public Gambling Act, 1867 is in force in Kohima and Mokokchung Districts only as appeared in Nagaland Code, Volume (1), Part VII (page 461) or the same is in force in the whole districts of Nagaland. 4. The Naga Hills District was for the first time created in 1866 with its Head quarter at Samaguting, the present Chumukedima. Since its inception, the Naga Hills District has undergone various transitional period with regard to the application of Centre laws and Acts in the area. To mention only few, all laws and regulation made by the Governor General in Councils were made extended to the Naga Hills District by public notifica­tion under, enabling provision of section 5 of Scheduled District Act, 1874 (Act XIV of 1874). This Act was subsequently repealed by section 52 A of the Government of India Act, 1919 and section 91 and 92 of the Government of India Act, 1935 and Adaptation of Laws Order, 1937. 5. In the case at hand, we are more concerned with section 5 of Scheduled District Act, 1874, as under this section, the Public Gambling Act, 1867 (Act III of 1867) was extended to the Naga Hills District by public notification No. 1242-J, dated 26.11.1880. 6. By notification No. 749-J dated Shillong, the 28th February, 1890, the Chief Commissioner of Assam, with the approval of the Government of India, sanctioned the addition of a new Sub-division of the Naga Hills District, with its Head quarter at Mokokchung. 6. By notification No. 749-J dated Shillong, the 28th February, 1890, the Chief Commissioner of Assam, with the approval of the Government of India, sanctioned the addition of a new Sub-division of the Naga Hills District, with its Head quarter at Mokokchung. In the said notification the boundaries of the Sub-division was clearly defined. While defining East and South boundaries of the Sub-division, it defines,............... Thence down that stream and the river Teshi into which it falls, the junction of the river Teshi with the Doyang river", (underline is mine) 7. By another notification No. 948-C dated 7th February 1906, the earlier notification No.749-J dated 28th February 1890 defining the boundaries of Mokokchung Sub-division was modified. It defines the East and South boundaries of the Mokokchung Sub-division, as...... "thence down the Tizu river to the point dividing the village lands of Yemeshe's and Kiyekhu's; thence between the village lands of Yemeshe's and Kiyekhu's; thence between the village lands of Sakalu's and Shevikhe's; thence between the village lands of Shelepu's and Zimethu's to the crest of th: main range; thence in a westerly direction down the crest of the Matsizito spur between Kikiyapu's and Natami to the Keleki river; thence down the Keleki river to the Doyang river;" 8. This would clearly show that part of the present Zunheboto District was included in the erstwhile Mokokchung Sub-division and part of the present Zunheboto District was included under Kohima District of Naga Hills. 9. After the Constitution of India came into being, a special provision has been made for the Scheduled and Tribal Areas under Article 244 of the Constitution. Naga Hills District was included as an autonomous district and was shown in Part A of Paragraph 20 and the Naga Tribal Areas was shown in Part B. There was yet another regulation, called the Naga Hills Tuensang Area (Administration) Act, 1957 (Act 42 of 1957). By this regulation the Naga Hills District was omitted from Part A and the whole of Naga Hills District was omitted from Part A and the whole of Naga Hills Tuensang Area was included in Part B. This was to be effective from 1st December 1957. Thus, the Tuensang Area and the two autonomous district of Kohima and Mokokchung, the territories of which comprises Naga Hills Tuensang Area formed part of the State of Nagaland by the State of Nagaland Act, 1962 (Act 27 of 1962). Thus, the Tuensang Area and the two autonomous district of Kohima and Mokokchung, the territories of which comprises Naga Hills Tuensang Area formed part of the State of Nagaland by the State of Nagaland Act, 1962 (Act 27 of 1962). This Act deleted the Naga Hills Tuensang Area from the Sixth Schedule of the Constitution. By another Regulation, the Tuensang Frontier Division (Assimilation of Laws Regulation, 1955 (No.4,1955) all the law enforce in the North Eastern Agency were made uniform save and except the Tuensang Frontier Division (Undesirable Persons) Regulation 1951, which were extended to in Tuensang Frontier Division, but were not extended to the rest of the North East Frontier Agency. 10. By another notification No. APA. 15/12-71 dated Kohima, the 19th December, 1973 in exercise of power under section 3 (2) of the State of Nagaland Act, 1962 (Act 27 of 1962),the Government of Nagaland with a view to introducing a more efficient system of administration in the State, created 7 districts and placed each district under the charge of the Deputy Commissio­ner with effect from 21st December 1973,the seven districts are:(l) Kohima (2) Mokokchung (3) Tuensang (4) Pheh 5) Zunheboto (6) Wokha and (7) Mon. 11. It would thus show, the State of Nagaland consisting of 7 districts were comprises of the territories in the erstwhile Naga Hills District and Naga Tuensang Area. Therefore, the law extended and or applied in the erstwhile Naga Hills District and Naga Hills Tuensang Area continued to be extended and applied in all the districts of the State of Nagaland. 12. This apart, section 26 of Nagaland Act, 1962 (Act 27 of 1962) makes it very clear: 26. Continuance of existing laws and their adaptation (1) All laws in force, immediately before the appointed day, in the Naga Hills Tuensang Area shall continue to be in force in the State of Nagaland until altered, repealed or amended by a competent Legislature or other competent authority. Continuance of existing laws and their adaptation (1) All laws in force, immediately before the appointed day, in the Naga Hills Tuensang Area shall continue to be in force in the State of Nagaland until altered, repealed or amended by a competent Legislature or other competent authority. (2) For the purpose of facilitating the application in relation to the State of Nagaland of any law made before the appointed day, the appropriate Government may, within two years from that day, by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority. Explanation : In this section, the expression "appropriate Government" means as respects any law relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central Government and as respects any other law, the Government of Nagaland." 13. There has been no repeal or amended Public Gambling Act, 1867 by a competent Legislature and it is continued to have its application in all the districts of Nagaland and, therefore, the findings of the learned Additional Deputy Commissioner (J) Zunheboto that the Public Gambling Act, 1867 is applicable only in Kohima and Mokokchung District is manifestly erroneous. The order dated 1.10.90 passed by the Additional Deputy Commissioner (J) Zunheboto is hereby set aside and quashed. 14. In the result, these 3 revision petitions are allowed. The case is now remitted to the learned Court below to proceed with the trial and disposed of the same in accordance with procedure established by law. 15. The accused persons are charged under section 13 of Public Gambling Act, 1867, the penalty of which is minor, punishable with fine not exceeding Rs. 50/- or with imprisonment for a term not exceeding 1 month. 16. Section 14 of the Act, makes a provision that the offences punis­hable under the Act shall be triable by any Magistrate having jurisdiction. 17. Having regard the aforesaid provision, the case is now remitted to the Court of Sub-Divisional Officer (C) Zunheboto for disposal. The learned Sub-Divisional Officer (C) shall now take the case to its file and shall summon the accused persons for fixing the date of hearing. 17. Having regard the aforesaid provision, the case is now remitted to the Court of Sub-Divisional Officer (C) Zunheboto for disposal. The learned Sub-Divisional Officer (C) shall now take the case to its file and shall summon the accused persons for fixing the date of hearing. With this direction and observation, these petitions are allowed.