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1984 Supreme(SC) 188

O.CHHINNAPPA REDDY, A.P.SEN, E.S.VENKATARAMIAH
J. K. Bharati – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
DIPIKA SAXENA, M.N.SHROFF, M.VIRAPPA, N.H.GURSAHANI, N.K.SHARMA, O.SWAMY, RANDHIR SINGH JAIN, S.M.Ashri, VIMAL DAVE, VINIT KUMAR, Y.S.Chitale

JUDGMENT

CHINNAPPA REDDY, J.:— This order is virtually a postscript to our judgment in H. Anraj v. State of Maharashtra (Now Reported in AIR 1984 SC 781). What was in question in Anraj v. State of Maharashtra was the ban imposed by the Government of Maharashtra on the sale of tickets of lotteries conducted by the Governments of other States in the State of Maharashtra. What is presently in question in the writ petitions before us is the ban on the sale of tickets of lotteries authorised but not organised by the Governments of other States. Specifically, we are concerned with the ban on sale, within the State of Maharashtra, of tickets of lotteries organised by the Indian Red Cross Society, Dadra and Nagar Haveli branch and authorised by the administration of Dadra and Nagar Haveli. In Anraj v. State of Maharashtra we held that the subject "Lotteries organised by the Government of India or the Government of a State" had been taken out from the legislative field, comprised by the expression "Betting and Gambling" in Entry 34 of List II of Schedule VII and was reserved to be dealt with by Parliament under Entry 40 of List I of Schedule VII. Even so, we held, Article 298 of the Constit



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