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2021 Supreme(Bom) 1818

M. S. SONAK, M. S. JAWALKAR
Shukr Sudin Sinai Usgaonkar S/o Sudin M. S. Usgaonkar – Appellant
Versus
State of Goa, through the Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Respondents: D. Pangam, Prashil Arolkar.

JUDGMENT :

M.S. JAWALKAR, J.

1. Heard learned Counsel for the parties.

2. Rule. Rule made returnable forthwith with the consent and at the request of the petitioner appearing in person and learned Advocate General. Learned Additional Government Advocate waives service on behalf of the respondent.

3. Petitioner, who appeared in person, seeks to challenge in this Writ Petition the constitutional validity of Section 13D(e) and 13G read with Section 2(7) and 2(8) of the Goa Public Gambling Act, 1976 (for the sake of brevity ‘the Act’).

4. It is submitted by the petitioner that Section 13A was inserted by way of amendment dated 24.08.1992, thereby empowering the government to permit the conduct of any game of electronic amusement or slot machine in Five Star Hotels. The said Act was further amended on 11.09.1996 and a further clause to Section 13A of the Act was added thereby empowering the government to permit the conduct of such table games and gaming on board in vessels offshore as may be notified. Section 2(A) was added by way of amendment and “Gaming Commissioner” was defined. “Tourist” and “Tourist permit” are defined under Section 2(7) and Section 2(8), respectively. The said Act was

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