Written by using Mohan Kumar | Mumbai | April 5, 2009 four:43:04 am
Can a member of a membership caught playing face prosecution under the Prevention of gambling Act for playing in a public vicinity?
After two division benches of the Bombay excessive courtroom differed in their opinions,the question has now been noted a full bench of the courtroom that can be constituted soon to settle the problem. A division bench had,on April 1,come to the conclusion that the 2008 judgment by agen sbobet way of a further division bench had misplaced the sketch of public place as described below the central component of the Act.
The division bench of Justice Bilal Nazki and Justice FM Reis,whereas referring the case to a full bench.”followed that the interpretation of public location changed into misplaced as section 33 w of the Act requires licensing or controlling places of public leisure and enjoyment although a membership is meant best for individuals. Prima facie,it could be public entertainment within the which means of the Act, the judges followed.
The case pertains to a petition filed by way of Angare Pujari,secretary of Shivam cozy community club in Goregaon West,in the hunt for to quash an FIR towards the club following a raid on December 30.”2008.”by way of the matey service branch of the Mumbai Police. Following the raid.”the police had arrested 84 humans.”whom the club claimed to be participants,playing a game of rummy.
further public prosecutor Usha Kejriwal advised the courtroom that greater than Rs 7 lakh was recovered from the club and not all of the eighty four folks discovered to be gambling had been participants of the membership. She also suggested that a chargesheet has been filed within the case and the depend is pending before the trial court.
Petitioners attorney SA Dhamale,besides the fact that children,argued that even though there changed into gambling.”the gambling took place within the premises of the membership and it does not attract prosecution. The court.”however,observed that it prima facie looks to be an offence under the playing Act.
Dhamale then noted the prior division bench judgment,which had held that once it is centered that the premises used for card membership with the aid of the petitioner don’t form public location,and don’t seem to be the region for public amusement within the which means of the Act,it isn’t indispensable for the court to enter other points.
The current division bench.”despite the fact,did not accept as true with these views. The petitioner also argued that rummy has been held as a game of ability with the aid of the Supreme courtroom and hence outdoor the scope of gambling Act. He alleged that the police took each rupee of the contributors and people of the membership.
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