SIDDARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These petitions coming on for hearing upon perusing the petitions and the respective Memorandum of Grounds filed in support thereof and upon hearing the arguments of Mr. M. Sathyanarayanan Advocate for the petitioners in each of the petitions, and of Mr. S. Somasundarm Government Advocate (Crl. Side) on behalf of the State, the Court made the following order.The petitioners in the earlier application are accused numbers 4 to 13 and the petitioners in the other application are accused Numbers 1 to 3 in S. T. R. No. 3771 of 92 in the Court of Judicial Magistrate No. 1, Salem Crime Nos. 969 and 981 of 92 of Salem Town Police Station were registered against them under Sections 8 and 9 of the Tamil Nadu Gaming Act, 1930 on the allegation that on 21-10-92 at about 11.45 p. m., when the Inspector of Police, Sooramangalam in charge of Salem Town Police Station raided the Literary Society in Cherry Road, Salem Town, the petitioners in the earlier application were found playing the game "Mangatha" of "Veetu Cheettu" by having 52 playing cards and a cash of Rs. 4,344.35. The petitioners in the later application are watchman of the building, who had permitted the other petitioners to pay the said game. The Inspector of Police has seized the cash and the playing cards.

(2.) In these two applications, the petitioners seek to quash the proceedings against them by invoking the inherent jurisdiction of this Court under Section 482 Cr. P.C.

(3.) Learned counsel for the petitioners submits that the petitioners in the earlier application are members of Salem Literary Society. It is a registered one under the Societies Registration Act. It was established in the year 1890. The object of the Society is intellectual, social, physical and general advancement for the community of Salem. The society seek to attain these objects by subscribing to the leading journals and periodicals of the day and by maintaining a library by arranging for discussions, lectures and reading of papers and by Social gatherings, sports and games. The society is also providing recreation facilities such as Chests Carrom, Table Tennis, Tennis, Badminton, Shuttle Cock, Billiars, Trump, Bridge and Rummy for the relaxation of the members. The petitioners herein are Textiles merchants, theatre and lodge owners, leading industrialists, building contractors, advocates, landlords, Zamindars and film distributors. On the eve of Deepavali, they were playing the game of Rummy in the society premises on 22-10-92. They were indulging only in a common friendly amusement and there was no idea of making profit. The Salem Literary Society housed in Door No. 53, Cherry Road, Salem-L, is not a common gaming house within the meaning of Section 3 of the Tamil Nadu Gaming Act. The police authorities had not complied with the requirements of Section 5 of the Tamil Nadu Gaming Act.