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        2019 (1) TMI 2015 - HC - Indian Laws

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        Rummy for stakes may attract gaming law where facts indicate gambling, and lawful police investigation cannot be blocked. Rummy is treated as a game of skill when played as an innocent pastime, but that protection does not extend to play for stakes where the surrounding facts ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Rummy for stakes may attract gaming law where facts indicate gambling, and lawful police investigation cannot be blocked.

                          Rummy is treated as a game of skill when played as an innocent pastime, but that protection does not extend to play for stakes where the surrounding facts indicate gambling activity. The Kerala Gaming Act's definition of common gaming house is wide, and statutory presumptions based on search and seizure arise only if the mandatory requirements for search under Section 5 are complied with. Where police have credible information or reasonable doubt and act lawfully, investigation cannot be restrained at the threshold merely because the premises is a club or also hosts lawful recreation; blanket protection against police interference was rejected.




                          Issues: Whether playing rummy for stakes in the club premises attracts the Kerala Gaming Act and whether the police could be restrained from acting on credible information or reasonable doubt about unlawful gaming activity.

                          Analysis: Rummy is a game of skill when played as innocent pastime, but the protection does not extend to gaming for stakes where the surrounding facts disclose gambling activity. The definition of common gaming house under the Kerala Gaming Act is wide, and the statutory presumptions arising from seizure and search are available only when the mandatory requirements for search under Section 5 are complied with. Where the police have specific information or reasonable doubt and act in accordance with law, the investigation cannot be stifled at the threshold merely because the premises is a club or because lawful recreational activities are also carried on there.

                          Conclusion: The petitioner's claim for blanket protection against police interference was rejected. Playing rummy for stakes was held capable of attracting offences under the Kerala Gaming Act, and the police were permitted to proceed in accordance with law, subject to compliance with the statutory safeguards.

                          Ratio Decidendi: Rummy remains a game of skill only when played innocently, but when played for stakes in circumstances indicating gambling, it may fall within the gaming statute and cannot be immunised from lawful police investigation if the mandatory search requirements are satisfied.


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