DEEPAK JINDAL Vs. INSPECTOR, ASHOKNAGAR POLICE STATION.

JUDGEMENT

(1.) THIS criminal petition is filed under S. 482 of the Code of Criminal Procedure seeking to quash the proceedings in Crime No. 281 of 2000 of Ashoknagar Police Station, Bangalore.

(2.) THE facts to be stated in brief are as follows : The respondent conducted a raid on the petitioners godown situated at No. 50, Residency Road, Bangalore on 27 -4 -2000. The petitioner pursuant to the raid was taken into custody by the respondent. The respondent also seized lottery tickets worth Rs. 60,00,000/ -. The P. S. I. of Ashoknagar Police Station registered a case in Crime No. 281/2000 of Ashoknagar Police Station, Bangalore for offences punishable under Ss. 7 and 4(a)(h)(j) and (k) of the Lotteries (Regulation) Act, 1998 read with S. 78 of the Karnataka Police Act. The petitioner states that the lottery business is done by him strictly in conformity with the lottery schemes as sanctioned by the respective State Governments. It is the further case of the petitioner that it is not open for the respondent to single out the petitioner and initiate proceedings against him. The petitioner contends that in any case the respondent has no power to initiate criminal proceedings against the respective States as the lotteries organized by those States shall be considered and be deemed to be legal until prohibited by the Central Government under S. 6 of the Act. It is his further case that power of the respondent becomes contingent only when the Central Government under the powers conferred under Ss. 6, 10 & 11 declares a scheme of lottery as prohibited. The petitioner submits that it is not possible to conclude that merely because 10 independent and separate lottery tickets are in one sheet in each booklet, the prizes to be declared under the lottery scheme are based on single digit. Therefore, the petitioner has prayed this Court to quash the proceedings initiated by the respondent in Crime No. 281/2000 before Metropolitan Magistrate.

(3.) THE learned counsel for the petitioner has relied upon the decision of the Honble Supreme Court reported in 1999 (4) Supreme 472 : (AIR 1999 SC 1867); (M/s. B. R. Enterprises etc, etc., v. State of U. P. and others etc. etc.), to submit that the State cannot prohibit the sale of lotteries organized by another State when that particular State itself is engaged in organizing and conducting Lotteries. The learned counsel for the petitioner took me through the lotteries (Regulation) Act, 1998, hereinafter referred to as the Act and contended that it is the Central Government, which has got power to ban the lotteries organized and conducted by any other State for any violation of provisions of Section 4 of the Act. The learned High Court Government Pleader submitted that it is too early for this Court to come to conclusion that no case is made out against the petitioner, and this is not a case where this Court could exercise power under Section 482 of the Code of Criminal Procedure and quash the proceedings. The learned High Court Government Pleader relied upon the letter dated 4 -6 -1999 in No. FD 90 SSI 99 wherein it is stated the existing ban of sale of lottery tickets of all other States within Karnataka as notified vide notification dated 22 -1 -1998 and published in the Karnataka Gazette dated 24 -1 -1998 which is in conformity with the Section 5 of the Lotteries (Regulation) Act, 1998 has become operational now and ban on the sale of all other States lottery tickets includes any type of lottery and conventional lottery. The learned High Court Government Pleader also relied upon the notification dated 22 -1 -1998 and submits that the State Government can ban lotteries of other States within its territory.