Profit or gain is a requisite for running a common gaming house under the Tamil Nadu Gaming Act, and gaming is not an offense per se.

JUDGMENT

(Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in Crime No.434 of 2021 dated 23.08.2021 on the file of the respondent police and quash the same by allowing this Criminal Original Petition.)

1. This petition has been filed to quash the FIR in Crime No. 434 of 2021, registered by the respondent police for the offences under Sections 8, 9 of the Tamil Nadu Gaming Act, 1930 as against the petitioners.

2. The case of the prosecution is that on 23.08.2021 when the respondent police on his routine patrol in Salem city, on information he went to the Literary Society Club and found that the petitioners herein were playing the game of rummy in playing cards for gain. Therefore, the respondent registered the above said case as against the petitioners.

3. Heard Mr.R.Marudhachalamurthy, learned counsel appearing for the petitioners and Mr.A.Gopinath, learned Government Advocate (Crl. Side) appearing for the respondent.

4. It is seen that the petitioners are arrayed as A1 to A6 in Crime No.434 of 2021 registered offences under Sections 8, 9 of the Tamil Nadu Gaming Act, 1930. The Literary Society Club (herein after referred to as “the Society”) has been establishment in the year 1871 and it was duly registered on 06.06.1890 under Rule 8 of the Tamil Nadu Registration Rules 1978 and certificate of registration was issued by invoking Section 10 of the Tamil Nadu Act, 27 of 1975. It is functioning for welfare and wellbeing of the members of the Society. There are number of social welfare activity done by the said Society. Further the Society is functioning as per its Byelaw and concern Act and Rule. The object of the Society is as follows :-

a) To develop the intellectual, social, cultural, physical and general advancement of the community.

b) to organize, lectures, seminars, symposia, conference and such other program.

c) to subscribe to the leading journals, periodicals and daily news papers in English and in Tamil languages.

d) to maintain book banks and library for the benefits of the members.

e) to arrange for the social gathering for discussion on the current matters of need of the community.

f) to conduct tournaments in Tennis, Badminton, Billiards, Chess, Playing Cards, Carom and other indoor games and to encourage the players in these games.

g) to arrange for the members to pay games in cards like Rummy, Bridge, Whist and Canasta for entertainment to improve mental agility and not for monetary benefits.

h) to help the poor students to further their stadies.

i) public discussions on politics and theology shall not be permitted by the society.

5. Further all the petitioners are the members of the said Society. The Tamil Nadu Gaming Act is different from the Bombay Prevention of Gambling Act, 1887. The object of the Tamil Nadu Gaming Act is to restrict running of common gaming house, whereas Bombay Act restricts gambling. However, the respondent registered the FIR against the petitioners for the offences under Sections 8 & 9 of the Tamil Nadu Gaming Act, alleging that the petitioners were playing the game of Rummy in playing cards for gain.

6. The Tamil Nadu Gaming Act is very clear that profit or gain is the primordial requisite for running a common gaming house. Unless and until the prosecution proves foundational facts that there was profit or gain by the owner or occupies of the place, the same would not come under the definition of common gaming house. In the case on hand, no piece of evidence about that the owner or occupier of the place profited or gained by running a common gaming house. Further the Tamil Nadu Gaming Act is not at all applicable to the city of Salem in view of the Act 2 of 2014 amended the provision of Section 2 of Chennai City Police (Extension to the City of Salem, Trichirappalli and Thirunelveli) Act, 1997.

7. This Court in the batch of case in Crl.O.P.(MD)No.21065 of 2018 etc., i