DEVDHAN LOTTERY SERVICE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks to quash Exts,P2 and P6 and seek a direction that the respondents shall not interfere with the functioning of the JYOTHIS project of the petitioner firm.

(2.) Heard senior Adv. M.K. Damodaran for the petitioner and Adv., V.G. Govindan Nair, Director General of Prosecution.

(3.) On 3,7,2007, the Commissioner of Police, Kochi City issued Ext.P2 notice to two persons, who, the petitioners, a firm, states, are its partners. The contents of Ext,P2 notice refer to certain activities of a scheme called JYOTHIS project It is stated therein that on preliminary enquiry, the said scheme is found to he similar to the "LIS" scheme and that the activity of JYOTHIS project would tantamount to infraction of the provisions of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 420 IPC and Section 45 of the Reserve Bank of India Act. The said notice apparently makes a comparison to state that the activity of JYOTHIS project is virtually the modus operandi involved in the subject matter of Crl. No. 672/06 of the Ernakulam Central Police Station which stands chargesheeted before the court of the Chief Judicial Magistrate, Ernakulam. It is also submitted by the learned Director General of Prosecution that the petitioner operates from the same premises from where the persons involved in Cr. No. 672/06 had operated. The petitioner, on the other hand, denies it and also takes the stand that it has nothing to do with any other transaction and that the petitioner is an independent entity.