NATIONAL AMATEUR GYMKHANA JAMNAGAR Vs. PRAMODKUMAR ZHA DSP

JUDGEMENT

(1.) National Amateur Gymkhana and one Nathubhai Ramsinh filed this petition under Article 226 of the Constitution of India inter alia praying that by issuing appropriate writ order or direction the action initiated by the respondents particularly by respondents Nos. 2 and 3 of raiding the premises of the petitioner No. 1-Club under the provisions of the Bombay Prevention of Gambling Act 1887 (hereinafter referred to as the Act) on 12-5-1993 be quashed and set aside and that the respondents be restrained from taking any action pursuant to the raid carried out on 12-5-1993.

(2.) It appears that petitioner No. 1 earlier preferred Special Civil Application No. 8178 of 1991 contending that in the Club members are playing the game of rummy which is not prohibited; therefore the Police officers should be restrained from raiding the premises of the petitioners under the provisions of the Act where only the game of rummy is being played and the Court has issued notice and granted ad interim relief to that effect. Shri Patel learned Advocate states that the matter is pending even today.

(3.) This petition is not maintainable as the Police officers on receipt of information with a warrant searched the premises found the persons playing the game of three-cards with money and that charge was collected per game. The Police Officer commenced the investigation and collected the evidence. In case of State of Haryana v. Bhajanlal reported in 1992 Suppl (1) S.C.C. page 335 it is considered as to when powers under Section 482 of Cri. Pro. Code. or the extraordinary power under Article 226 of the Constitution of India can be exercised. The following categories of cases can be stated by way of illustration wherein the extraordinary power under Article 226 or the inherent powers under Section 482 Cr. PC can be exercised by the High Court either to prevent abuse of the process of any court or otherwise to secure the ends of justice though it may not be possible to lay down any precise clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised :