TMI Blog2017 (10) TMI 1630X X X X Extracts X X X X X X X X Extracts X X X X ..... hat 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. - W.A. No. 296 of 2013 - - - Dated:- 6-10-2017 - K.K. SASIDHARAN AND P. VELMURUGAN, JJ. For the Appellant : V. Anandhamurthy, Special Government Pleader JUDGMENT P. Velmurugan, J. 1. The writ appeal is arising out of the judgment dated 05.03.2012 made in W.P. No. 2972 of 2012, on the file of this Court. Facts culled out in brief for the disposal of the writ appeal are as follows:-The petitioner is the member of an Association called Friends Five Star Recreation Sports Club , which is a registered body functioning in T.H. Road, Tolgate, Chennai - 600 081. The said association is registered under the Registrar of Society, North Chennai on 05.12.2011 vide Serial No. 475 of 2011. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1930; e) In the normal circumstances, there should be no interference in the lawful functioning of the Clubs, by the Police. It is not permissible for the police to enter the Club premises as a routine measure, so long as the Clubs are functioning within the frame work of law; f) If the police authorities have specific information or reasonable doubt that the activities carried on by the Club or its members are not in accordance with law or they indulge in unlawful activities, in violation of the provisions of the Public Gambling Act, 1867/Tamil Nadu Gaming Act, 1930 or any other enactment, it would be open to them, after recording reasons in the General Diary maintained in the Police Station, to proceed to enter the Club premises, conduct investigation, interrogate those who involve themselves in such activities and take appropriate action on merits and as per law; g) While exercising the powers conferred on the Police authorities, they should follow the mandatory provision as contained in Section 5 of the Tamil Nadu Gaming Act, 1930/Public Gambling Act, 1867; h) It is always open to the Club or its members to challenge the action taken by the Police, if it is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble Division Bench of this Court in W.A. No. 2287 of 2011, by an order dated 22.03.2012. The learned Special Government Pleader would further submit that the learned Single Judge failed to see that only on inspection based on telephonic complaints or from information from other sources inspections are done in the premises to stop gambling and hence, the directions issued in paragraph 11 (a) (e) is unsustainable. The learned Special Government Pleader would further submit that the order passed by the learned Single Judge is contrary to the law laid down by the Hon'ble Supreme Court in the Constitution Bench Judgment in State of Bombay v. R.M.D. Chamarbagwala [AIR 1957 SC 699]. Hence, the learned Special Government Pleader prays for allowing this appeal. 5. There is no representation for the respondent/petitioner. Heard Mr. V. Anandhamurthy, learned Special Government Pleader appearing for the appellants/respondents and perused the materials placed on record. 6. Though all the directions (a) to (j) are under challenge in this Writ Appeal, the learned Special Government has confined his arguments only with regard to directions (a) (e). During the argument, it is the cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 13. Play not with dice: no, cultivate thy corn-land. Enjoy the gain, and deem that wealth sufficient. There are thy cattle, there thy wife, O gambler. So this good Savitar himself hath told me. The Mahabharata deprecates gambling by depicting the woeful conditions of the Pandavas who had gambled away their kingdom. Manu forbade gambling altogether. Verse 221 advises the king to exclude from his realm gambling and betting, for those two vices cause the destruction of the kingdom of princes. Verse 224 enjoins upon the king the duty to corporally punish all those persons who either gamble or bet or provide an opportunity for it. Verse 225 calls upon the king to instantly banish all gamblers from his town. In verse 226 the gamblers are described as secret thieves who constantly harass the good subjects by their forbidden practices. Verse 227 calls gambling a vice causing great enmity and advises wise men not to practice it even for amusement. The concluding verse 228 provides that on every man who addicts himself to that vice either secretly or openly the king may inflict punishment according to his discretion. While Manu condemned gambling outright, Yajnavalkya sought to bri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hin the meaning of these words, gambling cannot certainly be taken as one of them. We are convinced and satisfied that the real purpose of Articles 19(1)(g) and 301 could not possibly have been to guarantee or declare the freedom of gambling. Gambling activities from their very nature and in essence are extra-commercium although the external forms, formalities and instruments of trade may be employed and they are not protected either by Article 19(1)(g) or Article 301 of our Constitution. Further, in the concluding paragraph No. 46, the Hon'ble Supreme Court has held as follows:- 46. For the reasons stated above, we have come to the conclusion that the impugned law is a law with respect to betting and gambling under Entry 34 and the impugned taxing section is a law with respect to tax on betting and gambling under Entry 62 and that it was within the legislative competence of the State Legislature to have enacted it. There is sufficient territorial nexus to entitle the State Legislature to collect the tax from the petitioners who carry on the prize competitions through the medium of a newspaper printed and published outside the State of Bombay. The prize competitions bei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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