REVA KHETRAPAL, J.

1. By this judgment it is proposed to resolve the divergence of opinion that has arisen on account of the views expressed by two learned judges of this Court in their respective judgments in Crl.M. (Main) No.2153/1996 O.P. Chirania and Anr. vs. The Director of Lotteris, Haryana and Ramrichhpal Gupta vs. M/s DCM Shri Ram Consolidated Limited reported in (1995) DLT 284. This Bench for the sake of brevity has limited the scope of its opinion to the question/issue referred to it.

2. The brief facts which have led to present reference are as follows. One Shri Gauri Shankar Mittal and the two petitioners, namely, Shri O.P. Chirania and Shri Binod Kumar Chirania, were the partners of M/s. Deep Mayank and Associates, the respondent No.3, having its branch offices in

New Delhi and Patna and its Head Office at Calcutta. The firm was dealing in lottery business. In 1992, the State of Haryana was running seven weekly lotteries, namely, Jai Durga, Mahadev, Hari Om, Jai Vishnu, Shri Ganesh, Maha Laxmi and Mahabali. On June 29, 1992, the Govt. of Haryana, represented by the Director of Haryana State Lotteries, Chandigarh, entered into an agreement with M/s. Deep Mayank