KUNAL GYMKHANA PRIVATE LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present petition preferred under Article 226 of the Constitution of India and under the provisions of the Bombay Prevention of Gambling Act, 1887, the petitioners seek following relief :

(2.) THE petitioner No.1 Kunal Gymkhana Pvt. Ltd. is undertaking sports and indoor games like Chess, Card Games. Some of the members of petitioner No.1 are playing aforesaid games with the help of cards. Therefore, it can be said that the petitioner is engaged in legitimate activities and the members are getting entertainment through various sports and games. As per the case of the petitioner, the respondent No.2 and their subordinate offices frequently visit the premises of petitioner No.1 and harassing the members who are playing the sports and indoor games. The games of Rummy or Marriage are purely a games of skill and there is no any element of gambling. As per the case of the petitioners, the respondent No.2 and its officers have hampered the smooth functioning of the petitioner No.1 and at no point of time, any members are found to be playing any game of luck or in the nature of gambling. Therefore, the petitioners files this petition

(3.) HEARD learned AGP Mr. Vyas for the respondents.