K SALLIAPPA PILLAI Vs. STATE

JUDGEMENT

(1.) ONE K. Saliappa Pillai is the President of Royal recreation Club situated at A. Kalayamputhur in Palani Taluk. The club was registered under the Tamil Nadu Societies Registration Act, 1975 as S. No. 25/1990 on 22. 6. 1990. There are about 60 members in the club, who hail from different walks of life. The club is administered by the Executive Committee consisting of President, Vice-President, Secretary, Treasurer and three other members. The present petitioners claim that the members of the Club are utilising the facility offered by the Club such as Daily Newspapers, Weekly and monthly Magazines and the games of carrom, chess, badminton and rummy. The inspector of Police, Palani Taluk Police Station, the respondent herein inspected the Club in the first week of July, 1990. It appears that he was satisfied that the members of the club were not indulging in any illegal activities. On 18. 8. 1990 at 7. 00 p. m. he again visited the club. Some members therein were playing the game of rummy with playing cards. The Inspector warned them that they should not play rummy and if they are found playing rummy in future, he would lodge criminal prosecution against them. The explanation offered by the office-bearers of the Club that there could be no objection for playing rummy which was not a game of chance did not carry conviction with him. So to protect the interest of the Club and its members the Club filed W. P. No. 14155 of 1990 before this Court. In its order dated 6. 12. 1990 this Court has ordered that as long as the petitioners carry on lawful activities in the recreation club and do not indulge in gambling or other unlawful activities, they cannot be interfered with by the police. On 11. 1. 1991 the Secretary of the club sent a petition to the Superintendent of Police, Quaid-A-Milleth District undertaking that they would not indulge in any unlawful gaming activities in the premises of the Club and prayed for an order directing the Inspector of police, Palani not to prohibit the running of the club. On 16. 2. 1991 the secretary again sent a petition to the Deputy Superintendent of Police, Palani. In this he drew his attention to the order of this Court in W. P. No. 14153 of 1990 and enclosed a copy of the same. Besides, he has stated that on 14. 2. 1991 at about 11. 00 p. m. the Inspector visited the Club and warned the watchman who was sleeping there that no one should run the club without seeking his permission. Thereupon, when he met the Inspector at 9. 00 p. m. on 15. 2. 1991 the Inspector told him that he should not conduct the activities of the club. Since they are conducting the recreation club as per the rules, they may be permitted to continue to run the same.

(2.) IN this background, on 19. 2. 1991 at 5. 30 p. m. the sub-INspector of Police, Palani Police Station along with four Head Constables, one I Grade Constable and thirteen Constables led by the INspector of Police, palani raided the Royal Recreation Club with the search warrant of Deputy superintendant of Police, Palani and arrested Saliappa Pillai and 27 others. He also seized one round table, 52 playing cards, 7's'type wire chairs and a cash of Rs. 1,062 available there under police mahazar. On the basis of the F. I. R. lodged in Crime Nos. 137 to 165 of 1991 of his station he laid to charge-sheets. The first charge-sheet is against Saliappa Pillai under Sec. 8 of the Tamil Nadu Gaming Act (hereinafter referred to as'the Act')for having permitted to play'vettu Aattam'in the house of one ganapathy in Thamaraikulam Road, Azhagapuri village which is under his control. The other one is against Salliappa Pillai and 27 others under Sec. 9 of the Act for having played'vettu Aattam'which is a game of chance with 52 playing cards and a cash of Rs. 1,062 in the premises. They were taken on file by learned Judicial Magistrate, Palani as S. T. C. Nos. 879 and 880 of 1991. And the accused therein seek to quash the proceedings in those two criminal original petitions by invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure.

(3.) IN State of Andhra Pradesh v. K. Satyanarayanan, a. I. R. 1960 S. C. 825, playing cards were supplied to the players by the club at an extra charge and there was a sitting fee for those who joined the game and if the game continued beyond a certain time in the night, a late fee was also levied. The Supreme Court took the view that those circumstances would not show that the club was making a profit or gain so as to render the club into a common gambling house. If there is evidence of gambling in some other way or that the owner of the house or the club is making a profit or gain from the game played for stakes, the offence may be brought home.