Heard learned counsel for the parties.

2. This writ petition has been preferred for direction upon the respondent not prohibit and restrict the petitioner to carry on business of selling and marketing of online lottery organized by the other States.

3. The contention of the petitioner is that he entered into an agreement with Pooja Lotto Private Ltd. (Annexure-1) for selling, marketing and to establish technical facilities for the Play Zone Computer Online Network Lottery representing the State of Arunachal Pradesh. However, for the alleged offence, an FIR was lodged against the petitioner being Jamtara P. S. Case No. 178 of 2006 under the provisions of Section 420 and 120B of the Indian Penal Code and also under Section 11 of the Bengal Gambling Act as well.

4. It is submitted by learned counsel for the petitioner that petitioner has been released on bail by the court of Chief Judicial Magistrate, Jamtara vide order dated 24.08.2006 (Annexure-4) and on furnishing security, seized articles were also released vide order dated 08.11.2006. Learned counsel for the petitioner further submits that in similar circumstances this Court vide judgment dated 16.01.2004 passed in W. P. (C)