TMI Blog1998 (8) TMI 645X X X X Extracts X X X X X X X X Extracts X X X X ..... iators, on receipt of credible information, proceeded to the first petitioner-Club and raided the card rooms in the presence of the mediators and found that petitioner Nos.2 to 49 herein were found playing thirteen cards by betting high stakes in the card rooms of the club. It is specifically stated that on seeing the police, all of them thrown away the cards in the centre of the table in Pel-mel and they were sitting quietly. All of them were arrested in the presence of the mediators and cash and tokens found on the table were seized. It is alleged that the police have also noticed the tokens, which were kept in heap in front of each member and the cards found in pel-mel in the centre of the tables. A panchanama was prepared. The Police have also seized the Cash Registers, which were maintained by petitioner Nos. 50 to 52 in the premises of the first petitioner-Club. It is the case of the police that A-49 to A-51 (Petitioner Nos.49 to 52) were collecting amounts for the maintenance, from the players. 4. It is stated that during the course of investigation, the Inspector of Police, CCRB, Vijayawada, released A-l to A-48 (Petitioner Nos. 2 to 49) as they offered sufficient sureti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n force in India. It was also a case where the Members in a particular club were found playing the game of Rummy. The Apex Court observed that the game of Rummy is not a game entirely of chance like 'three-card' game mentioned in the Madras case to which we were referred. The 'three card' game which goes under different names such as 'flush', 'brag' etc. is a game of pure chance. Rummy on the other hand, requires certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of skill. The chance in Rummy is of the same character as the chance in a deal at a game of bridge. In fact, in all games in which cards are shuffled and dealt out there is an element of chance because the distribution of cards is not according to any set pattern but is dependent upon how the cards find their place in the shuffled pack. 9. The definition of common gaming house in Hyderabad Gambling Act is more or less is the same as in the Act of 1974. Both the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n; (ii) in an enclosure which the stewards controlling the horse-race (or race meeting) have, with the sanction of the Government set apart for the purpose; and (iii)(a) with a licensed book maker; or (b) by means of a totalisator, but does not include a lottery. According to sub-section(4) of Section 2, Instruments gaming includes, cards, dice, gaming tables, or clothes, boards or any other article used or intended to be used as a subject or means of gaming, any document used or intended to be used as a register or record or evidence of any gaming, the proceeds of any gaming and any winnings or prizes in money or otherwise, distributed or intended to be distributed in respect of any gaming. 11. Section 3 of the Act deals with penalty for opening a common gaming house; and whereas Section 4 of the Act deals with penalty for being found in a common gaming house. Section 15 of the Act declares that nothing in the Act shall apply to games of skill only wherever played. 12. Can the first petitioner, Executive Club, Vijayawada, could be said a 'common gaming house' within the meaning of Section 2 of the Act, 1974, merely because it permits playing of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... akes In K.R.Lakshmanan v. State of Tamilnadu, 1996 Crl.LJ 1635, the Apex Court while considering the provisions of the Tamilnadu Gaming Act (3 of 1930) and the Madras City Police Act (3 of 1888), in the matter - whether running of horse races by the club is a game of 'chance' or a game of 'mere skill' and as to what would amount to 'gambling' and after referring to Chambaugwala, [1957]1SCR874 , and State of A.P. case (supra) held: (i) the competitions where success depends on substantial degree of skill are not 'gambling' and (ii) despite there being an element of chance if a game is preponderantly a game of skill it would nevertheless be a game of mere skill . We, therefore, hold that the expression mere skill would mean substantial degree or preponderance of skill . 14. It may be noticed that the provisions of the Hyderabad Gambling Act (2 of 1305 F), A.P.Gaming Act (27 of 1974) and Tamilnadu Gaming Act (3 of 1930) are similar in dealing with the definition of 'gaming', 'gaming house' and 'instruments of gaming'. The Apex Court in Laxmanan's case (supra) held that the expression 'gaming' has to be in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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