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2018 (1) TMI 1713 - KERALA HIGH COURTPlaying cards for money in Thalikkulam Beach Resort at Thalikkulam - Search and seizure of playing cards - Section 7 & 8 of Kerala Gaming Act, 1960 - HELD THAT:- Since there are conflicting views expressed by two benches of this Court and considering the important question of law raised on the subject, this Court feels that it is necessary that the correct principle of law has to be resolved by a larger bench, since there are two contradictory decisions rendered by two Single Benches of the same Court on the same question of law involved. So the following question has to be considered for reference. Whether in view of the dictum laid down in the decision reported in Abraham v. State of Kerala [2000 (7) TMI 1013 - KERALA HIGH COURT], the earlier decisions of this Court reported in State of Kerala v. Scariah, Kunhikannan and Others v. Asst. Sub Inspector of Police [1985 (4) TMI 344 - KERALA HIGH COURT], Anthumayi v. State of Kerala [1998 (11) TMI 700 - KERALA HIGH COURT] and SUNIL AND ORS. VERSUS STATE OF KERALA AND ORS. [2014 (1) TMI 1930 - KERALA HIGH COURT] are having any binding effect and which of the dictum laid down is the correct law taking into consideration the presumption available under Section 6 of the Kerala Gaming Act. Place it before the Honourable Chief Justice for making a reference to a larger bench to resolve this question.
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