A few friends or acquaintances playing a game of cards for money during the festive season in one of their houses could not be booked under Sections 8 and 9 of the Tamil Nadu Gaming Act, 1930, the Madras High Court Bench here has said.
Justice C.T. Selvam made the observation while quashing a case registered by Tirupuvanam police in Sivaganga district against nine individuals, including the petitioner, D. Kannan, who alone had approached the court with a plea to set aside the First Information Report.
The judge pointed out that the police had arrested all the nine persons on January 16 after finding them gambling during a game of cards in one of their houses and seized Rs. 1,090.
The raid had taken place during the Pongal season and the accused were booked under the Gaming Act.
Pointing out that Sections 8 and 9 of the Act could be invoked only if people were found to be gambling in a ‘common gaming house’ run for the profit or gain of the property owner, the judge said in the instant case there was no such specific accusation against any of the nine accused.
Mr. Justice Selvam also recalled that in a similar case relating to playing of cards during Deepavali season, a single judge of the Punjab and Haryana High Court had observed: “There is no dispute to the fact that the incident is in immediate proximity in time to Diwali festival. Any and every case of playing cards, particularly during festive season, in a private property not for the gain and profit of the occupier or owner of property cannot be termed gambling in a common gaming house, under the Act, to constitute an offence.”
Justice C.T. Selvam made the observation while quashing a case registered by Tirupuvanam police in Sivaganga district against nine individuals, including the petitioner, D. Kannan, who alone had approached the court with a plea to set aside the First Information Report.
The judge pointed out that the police had arrested all the nine persons on January 16 after finding them gambling during a game of cards in one of their houses and seized Rs. 1,090.
The raid had taken place during the Pongal season and the accused were booked under the Gaming Act.
Pointing out that Sections 8 and 9 of the Act could be invoked only if people were found to be gambling in a ‘common gaming house’ run for the profit or gain of the property owner, the judge said in the instant case there was no such specific accusation against any of the nine accused.
Mr. Justice Selvam also recalled that in a similar case relating to playing of cards during Deepavali season, a single judge of the Punjab and Haryana High Court had observed: “There is no dispute to the fact that the incident is in immediate proximity in time to Diwali festival. Any and every case of playing cards, particularly during festive season, in a private property not for the gain and profit of the occupier or owner of property cannot be termed gambling in a common gaming house, under the Act, to constitute an offence.”
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