“ 5. Learned counsel placed reliance on a decision in Danykutty v. State of Kerala : 1999 KHC 699 : 1999 (3) KLT 930 : 1999 (2) KLJ 1048 Observations in paragraph 4 are quoted hereunder for profit. In the decisions cited above, it has been held that gaming in a common gaming house along will constitute an offence. Playing cards in a private house or a room in a lodging house cannot constitute an offence. Learned Public Prosecutor however contends that the place will come within the definition of a common gaming house. Common gaming house is defined in Section 2(a) of the Kerala Gaming Act, 1960 as any house, room, tent, enclosure, vehicle, vessel or any place whatsoever in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room, tent enclosure etc. whether by way of charge for the use of instruments of gaming or of the house, room, tent, enclosure etc. Thus from the definition it is seen that even a residential house or a room in a hotel can be converted into a common gaming house if the other requirements in the definition are satisfied. But what reality makes it a common gaming house is that the gaming must be permitted or the instruments for the game must be kept therefor the profit or gain of the person owning
