Ravibhai Manumal Dhubhai vs State Of Gujarat
2021 Latest Caselaw 3794 Guj

       R/CR.MA/3712/2021                                  ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION NO. 3712 of 2021

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                      RAVIBHAI MANUMAL DHUBHAI
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR. SHALIN MEHTA, SERNIOR ADVOCATE WITH MR NIRAV C
SANGHAVI(5950) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS. M.H. BHATT, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                           Date : 04/03/2021

                            ORAL ORDER

Applicant is permitted to produce CCTV footage of dated

01.02.2021 and replace Annexure­ "G" (Page Nos.69 and 70).

By way of present application, the applicant has prayed to

quash and set aside the FIR being CR No. 11203030210094 of

2021 registered with Keshod Police Station, Junagadh for the

offence punishable under Sections 4 and 5 of the Gambling Act,

1867 and further prayed to stay the further proceedings thereof.

Heard learned advocate for the applicant.

It is submitted by learned advocate for the applicant that due

to constant harassment and obstruction of business, M/s. H.S.

Online Marketing Pvt. Ltd. approached this Court by way of filing

R/CR.MA/3712/2021 ORDER

S.C.A. No.2244 of 2013 and vide its judgment dated 04.03.2013,

this Court held that promotional activities of M/s. H.S. Online

Marketing Pvt. Ltd. did not amount to gambling under the

Prevention of Gambling Act. It is further submitted that on a

perusal of the FIRs it can be seen that the allegations made are

similar and all related to alleged "numerical" gambling being

organized by the applicant. That what the police officials refer to as

" numerical" gambling is the lucky draw contest conducted by M/s.

H.S. Online Marketing Pvt. Ltd. as promotion for its product, which

has been held to not amount to gambling by this Court in its order

dated 04.03.2013. in Special Civil Application No.2244 of 2013 and

order dated 24.11.2016 in Special Civil Application No.12048 of

2016. That applicant is innocent and has not committed any

offence as alleged in the complaint.

Issues requires consideration.

Notice returnable on 29.04.2021. Learned APP waives service

of notice for and on behalf of the respondent­State.

(B.N. KARIA, J) SUYASH