J.B.KOSHY
Commercial Corporation of India (P) Lid. – Appellant
Versus
State – Respondent
Koshy, J.
Government of Kerala by Ext. P1 G.O.(Ms) No. 4/90/TD dated 6.1.1990, banned sale of all lottery tickets in the State of Kerala which are not directly conducted by the State or authorised by the State or by the Administration of a Union Territory or by the Government of India. According to the above notification, violation of the same shall entail punishment under S.294A of the Indian Penal Code. After the pronouncement of the order of the Supreme Court in State of Haryana v. Suman Enterprises & Ors. ((1994)4 SCC 217), Government issued G.O. (Ms)No.160/94/TD dated 12.12.1994.
It was very specifically mentioned that only State organised lottery tickets will be allowed for sale in Kerala. It was further stated that lottery tickets of the Government of Maharashtra, TamilNadu, West Bengal, Uttar Pradesh and Karnataka which satisfy the basic and essential concomitants of lottery organised by a State as laid down by the Supreme Court will be permitted for sale within the State of Kerala. With regard to the other lottery tickets, it was stated that such State should make an application to the Director of State Lotteries, Vikas Bhavan, Thiruvananthapuram so as to verify
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