RAJNEESH TRIVEDI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a Public Interest Litigation whereby the petitioner has prayed that the respondent No. 1 may be directed to prevent and prosecute the respondent Nos. 2 and 3 from running a lottery scheme being contrary to the provisions of The Madhya Pradesh Lottery Pratibandh Act, 1993 (for short the Act of 1993). The petitioner has also prayed that the respondent No.1 be also directed to appoint an authority under the Act of 1993 to try the offence for the city of Jabalpur.

(2.) THE petitioner is a public spirited person and a practicing Advocate of this Court. He has prayed that the respondents 2 and 3 who are running lottery in the State of M.P. be prevented and prosecuted under the provisions of the Act of 1993. It is alleged that the respondent No.2 is mainly engaged in collection of fixed deposits and paying interest at the rate of approximately 15% per annum. It is stated that so far as collection of deposit is concerned, there is no grievance but distribution of the gifts on those deposits by drawing a lot is not permitted and that is prohibited by the Act of 1993. It is alleged that the first scheme was issued by the respondent No. 2 vide Annexure P -1 known as Kanakdhara. The said scheme reads as under:

(3.) LEARNED counsel for the petitioner submitted that in fact by inviting these deposits, various prizes are proposed to be given to the depositors by drawing lot and this is prohibited under the Act of 1993. Hence, the petitioner has prayed that the respondent State should be directed to initiate the action against the respondent No.2 under the Act of 1993 and prevent the respondent No.2 from continuing this kind of drawing by lottery. In order to appreciate the contentions raised by the learned counsel for the petitioner, it is necessary to refer to the relevant provisions of the Act, aims and objects. The Act of 1993 was enacted with the specific purpose to be achieved that the tendency of getting easy money should be prevented. The aims and objects of the Act of 1993 are to curb the tendency of earning easy money or a chance money as it gives rise to so many social evils. The Act of 1993 was brought into force with effect from 25th day of January, 1993 and it received the a sent of the President on the 3rd April, 1993. The statement of object and reasons reads as under: -