ALPESH KISAN KUMAR SIMARIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Advocates for the parties.

(2.) THESE Writ Petitions filed under Article 226 of Constitution, seek a writ of mandamus directing the State of Maharashtra to take steps to enforce the provisions of the Lotteries (Regulation) Ordinance, 1997, and in particular to ensure that there is prohibition of organisation, conduct and sale of ticket of any lottery where prizes are offered on the basis of single digit number or where the draw is conducted more than once in a week and to further ensure that any violations of the Ordinance result in criminal prosecution as contemplated under the said ordinance.

(3.) SECTION 5 provides that State Government may, within the State, prohibit the sale of tickets of a lottery organised, conducted or promoted by another State. Section 7 prescribes punishment of rigorous imprisonment for a term which may extend to two years or with fine or with both, in case any lottery is organised, conducted or promoted in contravention of the provisions of the Ordinance. Section 8 provides that offence under the Ordinance shall be cognizable and nonbailable.