KURIACHAN CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) MAN's quest to make quick and easy money - to live not by the sweat of his brow, has been the cause of his fall from the halo of virtue on this planet. The yearning to make quick and easy money by means fair or foul has been central to the concepts of unfairness and criminality in all societies at all times. Exploiting his own superior faculties - physical, mental, intellectual or spiritual, man has always attempted to arrogate to himself what belongs legitimately to his brother beings. Individuals, families, communities, nations races and generations have attempted to do this. Visionaries and sublime societies have always attempted to avoid and eliminate such exploitation of man by man. But, unfortunately the story of human civilization is the tragic tale of such unsuccessful attempts. The result is the inequitable and unjust world order that we are left to face. I have said so much as I am called upon to interpret the Statute. 'the prize, Chits and Money Circulation Scheme (Banning) Act, 1978' (hereinafter referred to as 'the Act') which in its core is an attempt by the Indian Parliament to curb and control this basic instinct of the beastly man to make quick and easy money by exploiting the same yearning of his own gullible, stupid and foolish brotheren.

(2.) THE State and the accused are before me with these six revision petitions - all challenging the same common order and the task before me is to decide whether the revisional powers of Superintendence and correction deserve to be invoked to interfere with the impugned order under which the learned Chief Judicial Magistrate, ernakulam.

(3.) THOUGH the State has challenged the refusal to frame charges under the provisions of the Reserve Bank of India Act also, after discussions at the Bar, in the course of the arguments before me, the learned special Public Prosecutor/additional Advocate General has not chosen to seriously challenge the said aspect. I am hence not proceeding to consider that aspect in detail.