TMI Blog2002 (9) TMI 901X X X X Extracts X X X X X X X X Extracts X X X X ..... by each player contributing Rs. 1,000/-. Rs. 1,000/- was paid to the club by each table. In total Rs. 1,43,170/- was collected by the club from the players from all the tables in the premises and, therefore, a case in Crime No. 252 of 2002 was registered by the S.H.O. Jubilee Hills Police Station. 2. The prosecution case is that petitioners, who are in management of the affairs of the Elite Club, are making huge profits by allowing people to play the game of Rummy with 13 cards/Syndicate in the club premises, and so the premises of the club is a Common gaming house as defined under Section 2(1) of the A.P. Gaming Act, 1974 (the Act) and so petitioners are liable for punishment under Section 3 of the Act. 3. By this petition petitioner is seeking to quash the FIR in Crime No. 252 of 2002 of Jubilee Hills Police Station registered under Section 3 of the Act. 4. The main contention of Sri V. Venkataramana, the learned counsel for the petitioners is that even assuming that all the averments in FIR and Panchnama are true, no offence under the Act is made out against the petitioners because Rummy is but a game of skill, and since as per Section 15 of the Act and the other pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... berty to proceed with the cases, which are already registered. and contends that from the said observation it is clear that allowing playing rummy with stakes in a premises would not attract the provision of the Act. 7. I feel it necessary to state that a Division Bench of this Court in Charulu Venkata Varaha Narasimham v. State, AIR1968AP344 , referred to in Twin Cities Cinema Cultural Centre Jubilee Hills Case 2002 (2) ALD 232) (supra) decided on 31-7-1967, did hold that game of Rummy is not a game of mere skill though it does involve certain amount of skill. But in K. Satyanarayana Case (supra) decided on 23-11-1967 the Supreme Court held : The game of rummy is not a game entirely of chance like the '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 card has to be memorized 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 ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Hyderabad Gaming Act provided a presumption that when cards, dice or table or other instruments of gambling are found in a house or premises, it shall be evidence until the contrary is proved, that such house or premises is used as a common gambling house. In fact in that case evidence on the aspect that the club was making profit was led. The trial Court held that the presumption was not successfully repelled by the accused in that case. After the Sessions Judge made a reference to the High Court the accused i.e. the club, was acquitted on the ground that it was not, making profit, but was charging some amount as service charges. In that connection the Supreme Court, considered the question relating to the charge against the accused club, that by charging 5 points on each game of Rummy it was making a profit. 10. Section 2(1) of the Act defines 'Common Gaining House'. As per explanation to that sub-section any club, society, etc., whether incorporated or not, when is being used for 'gaming', would be deemed to be a 'Common Gaming House'. Gaming is defined in Sub-section (2) of Section 2 of the Act. Section 3 of the Act provides the punishment for o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it is not for Judges to cure it, for it is dangerous to derogate from the principle that a citizen has a right to claim that however much his conduct may seem to deserve punishment, he should not be convicted unless that conduct falls fairly within the definition of the crime of which he is charged. Therefore it is for the legislature to intervene and amend the Act, laying down that playing Rummy with stakes would also be 'gaming' within the meaning of the Act. So, till such time as the Act is amended laying down that playing Rummy with stakes is gaming , playing Rummy with stakes is not 'gaming' within the meaning of the Act, in view of Section 15 of the Act read with the above two decisions of the Supreme Court. In fact in Executive Club Case (Andh Pra) (supra), my learned Brother B. Sudershan Reddy, J. also took a view that playing Rummy with stakes is not an offence within the meaning of the Act. 13. In Twin Cities Cinema Cultural Centre, case (2002 (2) ALD 232) (supra) a Writ Petition was filed seeking a direction to the Commissioner of Police and others not to interfere with the activities of the club in conducting the card room where the members are all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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