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2017 (10) TMI 1630 - MADRAS HIGH COURTGambling or not - playing rummy - visit by respondent police, in the club, every now and then, under the guise of inspection - Preventing police personnel in doing their lawful activity - HELD THAT:- The respondent-Association by virtue of the order of the learned Single Judge cannot prevent the Police Personnel to do their lawful duty. Whether the stake involved in playing the game of rummy amounts to gambling? - HELD THAT:- In this regard, it is pertinent to quote the Judgment of Constitution Bench of the Hon'ble Supreme Court with regard to gambling in STATE OF BOMBAY VERSUS RMD. CHAMARBAUGWALA & ANR. ADVOCATE-GENERAL OF MYSORE [1957 (4) TMI 55 - SUPREME COURT], wherein the Hon'ble Apex Court held that the prize competitions being of a gambling nature, they cannot be regarded as trade or commerce and as such, the respondent/petitioner cannot claim as fundamental right under Article 19(1) (g) in respect of such competitions, or they are entitled to the protection under Article 301. Considering the fact that gambling is an evil and it is rampant, that gaming houses flourish as profitable business and that detection of gambling is extremely difficult. Further, in view of the Judgment of Constitution Bench of the Hon'ble Supreme Court in State of Bombay v. R.M.D. Chamarbagwala, and the reasons mentioned, it is opined that the order passed by the learned Single Judge in this regard are not sustainable and the same are set-aside. Other directions given by the learned Single Judge remain unaltered - Appeal allowed in part.
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