Man's quest to make quick and easy money - to live not by the sweat of his brow, has been the cause of his fall from the halo of virtue on this planet. The yearning to make quick and easy money by means fair or foul has been central to the concepts of unfairness and criminality in all societies at all times. Exploiting his own superior faculties - physical , mental, intellectual or spiritual, man has always attempted to arrogate to himself what belongs legitimately to his brother beings. Individuals, families, communities, nations, races and generations have attempted to do this. Visionaries and sublime societies have always attempted to avoid and eliminate such exploitation of man by man. But, unfortunately the story of human civilisation is the tragic tale of such unsuccessful attempts. The result is the inequitable and unjust world order that we are left to face. I have said so much as I am called upon to interpret the Statute - 'The Prize, Chits & Money Circulation Scheme (Banning) Act, 1978' (hereinafter referred to as `the Act') which in its core is an attempt by the Indian Parliament to curb and control this basic instinct of the beastly man to make quick and easy money by exploiting the same yearning of his own gullible, stupid and foolish brotheren.

2. The State and the accused are before me with these six revision petitions - all challenging the same common order and the task before me is to decide whether the revisional powers of superintendence and correction deserve to be invoked to interfere with the impugned order under which the learned Chief Judicial Magistrate, Ernakulam

(i) directed the framing of charges against all the accused persons under Sec.2(c) read with Secs.3, 4 and 5 of the Act and Sec.420 of the IPC;

(ii) refused to frame charges against the accused under Sec.2(e) read with Secs.3, 4 and 5 of the Act.

3. Though the State has challenged the refusal to frame charges under the provisions of the Reserve Bank of India Act also, after discussions at the Bar, in the course of the arguments before me, the learned Special Public Prosecutor/Additional Advocate General has not chosen to seriously challenge the said aspect. I am hence not proceeding to consider that aspect in detail.

4. The basic facts are simple. The petitioners are persons - partners of a firm and employees, who conduct a Scheme by name "LIS Deepasthambham Scheme". The scheme is apparently simple in its conception. A person has to pay Rs.625/- and purchase one unit from the promoter. The promoter will make use of Rs.350/- to purchase 35 lottery tickets of the Kerala State Government lotteries each for Rs.10/- for the unit holder for the next 35 weeks. If the unit holder wins any prize upto Rs.5,000/- in the 35 draws in respect of the tickets, the promoter shall collect the same and pay the same to the unit holder. If he wins any prize above Rs.5,000/-, the ticket shall be handed over to the unit holder for collection. The balance of Rs.275/- will be used to make the unit holder a subscriber of a magazine by name "Thrikalam" for one year. The said magazine will reproduce relevant and important materials from other magazines. It will also furnish information about the lottery tickets which have won prizes.

5. The unit holder will be returned not only Rs.625/- which he has initially invested, but twice his investment i.e., Rs.1,250/- (less Rs.100/- as service charges for the promoter and legal deduction for tax etc.,) on an early date.

6. Very attractive! The gullible would flock on hearing the proposal. What easy and quick money! How do you do this? A few at least may ask. If their queries are not satisfied, there will be no takers. The law does not oblige the promoter of a business venture to explain. But the promoter indulgently offers an explanation. To be credible, explain he must. Hence there is an explanation and this is the explanation that is offered.

7. When 35 tickets of Rs.10/- each are purchased, the Government pays a commissi