YASHPALSINH RAJENDRASINH CHUDASAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Ashish Dagli, learned advocate for the petitioner and Mr.J.K. Shah, learned APP for the respondents, through video conference.

(2.) Present petition has been filed by the petitioner - proprietor of Honest Online Marketing, under Article 226 of the Constitution of India, praying for the following main relief :-

(3.) As per the case of the petitioner, the petitioner is the proprietor of Honest Online Marketing, having its registered office at Vadodara. The petitioner is having business of selling, marking and or tread into the product popularly known as "Vastu Pooja Yantra" and business activity of selling of the aforesaid product of the petitioner is that the retail outlet of the petitioner would sell the Vastu Pooja Yantra. Online system has been devised to ensure that a Yantra could be sold to an individual customer along with coupon carrying a gift of silver coin and in the event if the coin is not available, the customer could be given a cash amount worth Rs.100/0. As a part of the sponsored activity, the online draw would be condu cted at a As a part of the sponsored activity, the online draw would be condu cted at a retail outlet in each city and accordingly, the coupon can be offered to a customer haing a purchase of Yantra. In lieu of silver coin, the company has also arranged to offer an equivalent cash amount i.e. Rs.100/- in the event if the customer wishes to have case amount in place of silver coin. Meaning thereby, the entire online draw in relation to an activity of selling Yantra Does not in any way involve an element of gambling andthat it is a pure marketing scheme to Promote the sale of the product i.e. Yantra.