Nasir Salim Patel v. The State Of Maharashtra And ANR

Dusane 1/2 29 wp 427.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.427 OF 2017 Mr. Nasir Salim Patel ....

Petitioner Vs.

The State of Maharashtra & Ors.

....

Respondents Mr. Ram Mani Upadhyay for the Petitioner.

Dr. F.R. Shaikh, Additional PP for the Respondent-State. Coram : R.M. Savant AND Sarang V. Kotwal, JJ Date : 28th March, 2018 P.C.

The above writ petition has been filed for quashing of the L.A.C. being No.177 of 2016 registered with Goregaon Police Station, for the offences punishable under Sections 4(A) and 5 of the Maharashtra Prevention of Gambling Act, 1887. The gravamen of the allegations is contained in the said F.I.R.. It is alleged that the Petitioner herein is one of the accused who was found playing the game of "Cards". We have

Dusane 2/2 29 wp 427.2017 perused the F.I.R. which gives the description as to how the said game is played. On such perusal, we find that in the said game, as described in the F.I.R., there is no element of skill and it appears to be purely a game of chance and the winner is chosen on the basis of cards, which are received by him on distribution in the said game and the winner also receives the prize in cash on the said basis.

Having regard to the said aspect, prima facie, we find that the ingredients of the offence under the Prevention of Gambling Act, 1887 is made out. Therefore, we do not deem this a fit case to exercise our writ jurisdiction under Article 226 of the Constitution of India. The Writ Petition is accordingly dismissed.

(Sarang V. Kotwal, J.) (R.M. Savant, J.)