LAWS(MAD)-2019-6-317

P. PUGALENTHI Vs. UNION OF INDIA

Decided On June 17, 2019
P. PUGALENTHI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Mr.P.Pugalenthi, a practising Advocate in the Madras High Court, has filed the instant writ petition, for a writ of mandamus, directing the respondents 1 and 2, to implement the provisions of the Lotteries (Regulation) Act, 1998, in the State of Tamil Nadu effectively, in respect of the transport and sale of lottery tickets of other States, in the State of Tamil Nadu.

(2.) Supporting the prayer sought for, petitioner has contended that Section 5 of the Lotteries (Regulation) Act, 1998, provides that State Government may, within the State, prohibit the sale of tickets of a lottery organized, conducted or promoted by every other State. State of Tamil Nadu, Home Department, Chennai, second respondent, herein, in exercise of its power, under Section 5 of the Act, issued G.O.Ms.No.20, Home Department, dated 8/1/2003, whereunder, sale of lottery tickets has been prohibited. Despite the said prohibition, the tickets of lottery organised, conducted or promoted by other States in the Country are being sold in various part of Tamil Nadu and hundreds of persons are being arrested and tried for the offences punishable under the Act. The very arrest and the consequential prosecution of hundreds of persons every year, under the Act shows that the provisions of the Act have not been enforced effectively by the second respondent.

(3.) Petitioner has further contended that under Section 6 of the said Act, Union of India, Ministry of Home Affairs, New Delhi, first respondent, herein, is empowered to prohibit a lottery organised, conducted or promoted, in contravention of the provisions of Section 4 or where tickets of such lottery are sold in contravention of the provisions of Section 5 of the Act. First respondent is aware of the arrest and prosecution of hundreds of persons under the provisions of the Act. It is the duty of the first respondent, to take appropriate steps, to find out how the tickets of lottery of other States are brought to the State of Tamil Nadu and from where they come and through whom the tickets are being transported, leading to the ultimate sale of tickets, in Tamil Nadu.