NAGUESH MUKUND NAIK Vs. STATE

JUDGEMENT

(1.) The applicants were charged under Sections 3 and 4 of the Public Gambling Act, 1867 (hereinafter called "the Act") before the Additional Judicial Magistrate, F.C., Panaji. The applicants raised the preliminary objection that the applicants were not liable to be tried under "the Act" as "the Act" had not been properly extended. The preliminary objection was rejected by the Trial Court. The applicants come before me in revision.

(2.) It is contended by Shri Rebello, learned advocate for the applicants that "the Act" as it was enacted by Parliament was applicable to the States of Uttar Pradesh, Punjab, Delhi and Madhya Pradesh and that "the Act" could have been extended to the Union Territory of Goa, Daman and Diu only after it was duly amended by introducing the words "Union Territory of Goa, Daman and Diu" in the introductory portion of "the Act" which reads:-

(3.) Elaborate arguments were advanced by Shri Rebello, learned advocate for the applicants. However, it seems to me that the question boils down to this, is "the Act" non est because the words "Union Territory of Goa, Daman and Diu" were not introduced in the introductory portion of "the Act"? The power of the President to make regulations under Article 240 and the power of Parliament to legislate in respect of the Union Territories under Article 246(4) of the Constitution is co-extensive and extends to all matters. Under Article 246(4) of the Constitution Parliament has power to make laws in respect to any matter for any part of the Territory not included in a State List notwithstanding that such matter is a matter enumerated in the State List. My attention is also drawn by Shri Dias to M.G. Desai V/s. State of Bombay, 1960 AIR(SC) 1312 wherein it was laid down that the President is authorised to adapt existing laws but the application of the existing laws is not conditioned by the making of adaptations or modifications in that law by the President. It is a well accepted principle that a presumption must always be drawn in favour of the validity of an Act. Considering all these facts it can be safely concluded that the words "Union Territory of Goa, Daman and Diu" have to be read into the introductory portion of "the Act", if at all such insertion is absolutely essential.