MILLENNIUM FRIENDS RECREATION CENTRE MOUNT ROAD Vs. INSPECTOR OF POLICE F 1 POLICE STATION CHINTADRIPET CHENNAI 2

JUDGEMENT

(1.) PETITIONER is a Club registered under the Societies Registration Act, 1975. According to the petitioner, with an object of providing facilities for recreation and game to their members, it has been functioning. It is submitted that the games that are played in their club like Table Tennis, Chess, Carrom Board and Rummy are all games of skill and there is no element of gambling involved in the games. It is further submitted that inspite of their confining themselves purely to games of skill and recreational activities, the respondents are trying to interfere with the activities of their club. It is also submitted that any interference in their activities will be violation of their freedom.

(2.) THE Tamil Nadu Gaming Act, 1930 provides for punishment for gaming and keeping of common gaming houses. "Common Gaming House" has been defined under the Act as an enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or used for profit or gain to the person owning, occupying or using etc. or otherwise the premises howsoever. Gaming has been defined as wagering or betting. Section 5 of the Act gives power to issue warrant to enter a common gaming house.

(3.) THEREFORE, while it is the right of the petitioner to have recreational activities which are not prohibited, the respondents right to take appropriate proceedings against illegal games of betting, wagering, etc. is also provided for under the Act. There cannot be a blanket direction as prayed for by the petitioner. The question whether a particular game is a game of skill or chance is to be decided on the facts and circumstances of each case. As and when proceedings are initiated against the petitioner in accordance with law, petitioner shall always have the right to question the same or challenge the action of the respondents if it is not in accordance with law.