Gaming in common gaming-houses.

Whoever is found in any common gaming-house gaming or present for the purpose of gaming, shall, on conviction, be punishable with imprisonment which may extend to nine months and with fine:

Provided that— (a) for a first offence such imprisonment shall not be less than two months and fine shall not be less than three hundred rupees;

(b) for a second offence such imprisonment shall not be less than four months and fine shall not be less than three hundred rupees; and

(c) for a third or subsequent offence such imprisonment shall not be less than nine months and fine shall not be less than three hundred rupees. Any person found in any common gaming-house during any gaming therein shall be presumed, until the contrary is proved, to have been there for the purposed.