1998 (11) TMI 700 - HC - Indian Laws

Summary

Issues:
1. Whether the petitioners can be charged under sections 7 and 8 of the Kerala Gaming Act for playing cards in a private building.

Analysis:
The petitioners, including a fish-monger and others engaged in fishing, were charged under sections 7 and 8 of the Kerala Gaming Act for playing cards in a private building belonging to the first petitioner. The key contention raised by the petitioners' counsel was that the provisions of sections 7 and 8 of the Act do not apply to the facts of the case since the building in question was a private property and not a common gaming house as required by the Act.

The relevant sections of the Kerala Gaming Act, specifically sections 7 and 8, were examined by the court. Section 7 pertains to penalties for operating a common gaming house, while section 8 deals with penalties for being found gaming in a common gaming house. The definition of a common gaming house under section 2(a) was crucial in determining the applicability of the Act to the case. The court highlighted that for the provisions of sections 7 and 8 to be invoked, the existence of a common gaming house is a prerequisite.

The court referred to a previous judgment in Kunhikannan v. Assistant Sub Inspector of Police, 1985 KLT 484, which emphasized that gaming in a private building or place is not an offense under the Act unless it is a common gaming house. The judgment clarified that the term "common gaming house" implies a place frequently used for gambling activities, and the Act aims to prevent public nuisance associated with such places.

In the present case, the court noted that the building where the petitioners were playing cards belonged to the first petitioner and was a private property. The court observed that there was no mention of the building being a common gaming house in the first information report. The prosecution did not allege that the petitioners were involved in gaming activities in a common gaming house. Consequently, the court concluded that since the petitioners were playing cards for profit in a private building, not designated as a common gaming house, their actions did not constitute an offense under sections 7 and 8 of the Act.

In the final judgment, the court decided to quash Annexures-A1 and A2 in the case, thereby allowing the Criminal Miscellaneous Case filed by the petitioners. The court's decision was based on the lack of evidence supporting the charge of gaming in a common gaming house, as required by the Kerala Gaming Act.