Bench: Panel: Hidayatullah, M.
Facts:
On receiving information from reliable sources that the Crescent Recreation Club was being used for gambling the police decided to raid the club. The police found the respondents playing a card game known as "Rummy" for stakesduring the raid where the Treasurer of the Club, was also present. The manager/ secretary of the club wasn’t present there, but he has also been accused for carrying out gambling activity. After the police provided the evidence the Magistrate convicted all the seven respondents and sentenced them to imprisonment and fines. The respondents appealed to the High Court which was accepted and that is why the case was filed in the Supreme Court against the order of the High Court.
Issue:
Whether the "Crescent Recreation Club" situated in Secunderabad was being used as a common gambling house and whether the several respondents who were present at the time of the raid by the police could be said to be gambling therein.
Judgement:
The Supreme Court held that Rummy (a 13-card game) requires certain amount of skill as the cards have to be memorized, there is holding and discarding of cardsand therefore it cannot be said that the game of Rummy is a game of entire chance. As the Elements of Gambling are missing in this case, the Supreme Court said that due to the above reasons gambling law cannot apply to this case and upheld the decision of the High Court.
