K PURUSHOTHAMAN LOTTERY AGENCY Vs. U T PONDICHERRY

JUDGEMENT

(1.) These writ petitions have been filed questioning G.O.Ms. No. 19 of 1998 dated 26-6-1998 issued by the first respondent by which the sale of tickets of a lottery organised, conducted or promoted by any other State within the Union Territory Pondicherry, has been prohibited.

(2.) The lotteries were held to be pernicious and constitutionality of the Lotteries Act of 1998 enacted by the Parliament has been upheld by the Supreme Court in B.R. Enterprises v. State of U. P. (AIR 1999 SC 1867). The only condition imposed by the Supreme Court is that a State or Union Territory, as the case may be, cannot impose ban on the sale of lottery tickets by other States/Union territories unless the host State or the Union Territory imposes ban on its lotteries.

(3.) . The notification referred to above, which is impugned in this writ petition, satisfies the dicta laid down by the Supreme Court in the above case. As such, the question is no more res integra. In fact, this Court had an occasion to deal with similar matters arising out of the State of Tamil Nadu in State of Mizoram v. State of T N., (1993 WLR 104). Following the above judgment of the Supreme Court, the action of the State of Tamil Nadu in imposing the ban on lotteries has been upheld by this Court. The above judgment of this Court was also affirmed by the Supreme Court.