Proper investigation by the police is essential to determine illegal activities, and the distinction between skill-based games and games of pure chance must be considered.

JUDGMENT - Smt. DESAI RANJANA, J.:---The petitioner claims to be a social worker. He is the Vice President of Republican Party of India, Mumbai Pradesh. He is also a Special Executive Officer. It is his grievance that in Ghatkopar area, there are several clubs which are gambling dens. He has named certain clubs in this petition. They are, Shalimar Social Club, Kohinoor Social Club, Welcome Social Club and Amar Social Club. The sum and substance of the petition is that though several complaints have been lodged by the petitioner and others, the police have not taken their cognizance. Where cognisance is taken, police have not properly investigated those complaints. It is also stated in the petition that on some petitions, this Court has passed orders that the police shall not interfere with the legal activities of the clubs, however, that shall not prevent the police from taking action if illegal activities are carried on in the said clubs. It is stated that these clubs are taking undue advantage of this order. They are carrying on gambling in these clubs. However, no cases are registered against them. It is suggested that gambling is being done under the patronage of the police.

2. An intervention application has been filed on behalf of Shalimar Club. Since there are certain allegations made against that club also, in the interest of justice, we have granted that application.

3. We have heard learned Counsel Mr. Maniar for the petitioner, Mr. Janardhanan, learned Additional Advocate General and Mr. Singhal, learned Addl.P.P. for the State and Mr. Mundargi for the intervenor.

4. In response to this petition, Shri Fattesingh Sohanrao Gaikwad, Senior Inspector of Police attached to Ghatkopar Police Station has filed his affidavit. In this affidavit, it is stated that two writ petitions, being Criminal Writ Petition No. 1655 of 2000 and Criminal Writ Petition No. 1767 of 2000, making similar allegations were filed in this Court and they were withdrawn. It is also pointed out that Criminal Writ Petition Nos. 923 of 1997, 924 of 1997 and 925 of 1997 were filed by the said social clubs and in all these petitions, an order has been passed by the learned Single Judge of this Court that the police should not interfere with the normal lawful activities of the petitioner club. It is further observed that this order will not come in the way of the police from taking any action against the club or its members, if any gambling prohibited by law or any unlawful activity prohibited under the provisions of the Bombay Police Act or any other law for the time being in force is carried on an in such a case the police can take action according to law. Similar order has been passed in Criminal Writ Petition No. 460 of 2001 and in Criminal Writ Petition No. 461 of 2001. Criminal Writ Petition No. 920 of 2003 has been disposed of by observing that the petitioner has remedy of filing a complaint.

5. The affidavit further goes on to state that contents of paragraphs 7 and 8 of the petition, wherein names of certain complainants and details of their complaints have been given are false; that Ghatkopar police has carried out surprise raids but no evidence was found to show that gambling is going on in these clubs; that persons mentioned in paragraphs 9 and 10 were contacted and an enquiry was made about these complaints but two of the complainants, who lost money, refused to co-operate with the police while the other two complainants are not traceable. The affidavit ends with an assurance that the said clubs are constantly under police vigilance and their records have been checked from time to time.

6. Affidavit of Manojkumar S. Lohiya, Deputy Commissioner of Police, Zone-VI, Mumbai, filed in Criminal Writ Petition No. 1655 of 2000 is also filed in this petition. The allegations made in that petition are admittedly of similar nature. We find that even the Deputy Commissioner of Police has stated that, as on the date when he filed the affidavit i.e. on 18-12-20

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