SURAJ PRAKASH Vs. STATE

JUDGEMENT

(1.) These are twelve connected Criminal References made by the learned Additional Sessions Judge, Muzaffarnagar, under Section 432 Cr. P. C., in which a common question of law is involved, the same being whether Sections. 2, 3, 4, 5, 6 and 9 of the Public Gambling Act (hereinafter referred to as the Act) infringe Article 14 of the Constitution of India. The matter originally came before our brother Broome, who directed that it be heard by a larger Bench and that is how the matter has come before us.

(2.) The Act is applicable to this State as also to those of Punjab, Delhi and Madhya Pradesh. By virtue of the provisions of Section 2 of the Act Sections. 13 to 17 of the Act have been made applicable to all the areas in these States. So far as the remaining sections are concerned it is provided by that section that the Stata Governments concerned may by a notification in the State Gazette extend such of the remaining provisions as they consider appropriate to such areas in their respective States as they consider suitable. By means of the Notification No. 2195/VI-349-1909, dated June 14, 1910, published in the U. P. Gazette, Part 1, of the same date, at page 578, all the provisions of the Act were made applicable to the district of Muzaffarnagar from where the cases giving rise to these references have arisen.

(3.) We have heard Mr. D. N. Wall for the convicted persons at whose instance the references have been made and whom we shall hereinafter call, the applicants, and Mr. Bhatt, learned Deputy Government Advocate, for the State.