1 cr.w.p.1407-10 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1047 OF 2010 Yuva Sports Association through its President ..Petitioner Versus The State of Maharashtra & Ors. ..Respondents Mr.V.D.Patnoorkar i/b.Mr. A.M. Kulkarni, for the petitioner. Mr. J.P. Yagnik, APP for State. CORAM: B. H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 11TH AUGUST, 2010. P.C. 1. We have heard Mr. Patnoorkar, the learned Counsel for the petitioner Sports Club. We have perused the affidavit in reply filed by Dinkar Digambar Chandanshive, Police Inspector presently attached to Thane Crime Branch, District Thane. We have also perused the raid panchanama. Mr. Patnoorkar also relied upon a decision of the Supreme Court in the case of the State of Andhra Pradesh v. K. Satyanarayana and others, AIR 1968 S.C. 825 and submitted that Rummy is a game of chance and it 2 cr.w.p.1407-10 cannot be called gambling. The panchanama drawn shows that there were more than 12 persons playing the game of Rummy on two different tables. The panchnama further shows that money was recovered from the persons and from the drawer of the Manager/Proprietor and there were plastic coins of different denominations with each of the persons. . Mr. Patnoorkar, therefore, submitted that even prima facie there is no case made out of gambling and the C.R., is required to be quashed i.e. C.R. No. 3/10 registered on 6th April, 2010 with the Vitthalwadi Police Station, Thane against the petitioner club. 3. We have noted from the panchnama that the persons playing rummy could not show membership and they admitted that they were playing rummy. Every one of them had plastic coins of different denominations. The Supreme Court in K. Satyanarayana (supra) stated thus:- “....We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of skill. The chance in Rummy is of the same character as the chance in a deal at a game of bridge. In fact in all games in which cards are shuffled and dealt out there is an element of chance because the distribution 3 cr.w.p.1407-10 of the cards is not according to any set pattern but is dependent upon how the cards find their place in the shuffled pack. From this alone it cannot be said that Rummy is a game of chance and there is no skill involved in it. Of course, if there is evidence of gambling in some other way or that the owner of the house or the club is making a profit or gain from the game of Rummy or any other game played for stakes, the offence may be brought home......” (emphasis supplied). Mr. Yagnik, the learned A.P.P., therefore, submits that having regard to the panchanama drawn at the time of raid there is a case made out for trial and during the trial if it is established that there was no evidence of gambling or the club proprietor was not making the profit or gain from the game of rummy the accused may be acquitted. We find substance in these submissions and we are satisfied that the investigation must go on and there is no case made out to quash the F.I.R. 4. Hence the petition fails and the same is hereby dismissed. (ANOOP V. MOHTA, J.) (B. H. MARLAPALLE, J.) 4 cr.w.p.1407-10