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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.