Bombay HC does not mention the word ‘poker’ in order
Exclusive The of the Bombay High Court declining The Spartan Poker’s head of operations, Nasir Patel’s plea to quash a🐈 gambling FIR agai𒐪nst him has been released online.
The order dated 28th March, 2018, passed by a division bench of Justices RM S🐷avant and Sarang Kotwal stat🍷es:
It is alleged that the Petitioner herein is one of the accused who was found playing the game of “Cards”. We have perused the F.I.R. which gives the description as to how the said game is played. On such perusal, we find that in the said game, as described in the F.I.R., there is no element of skill and it appears to be pure༺ly a game of chance and the winner is chosen on the basis of cards, which are received by him on distribution in the said game and the winner also receives the prize in cash on the said basis.
Having regard to the said aspect, prima facie, we find that the ingredients of t🌞he offence under the Prevention of Gambling Act, 1887 is made out🧔.
Interestingly, however, the judges in their vꦦerbal observations had mentioned the game of poker and not the game of ‘cards’ during the course of the hearing🌠. It is understood that Senior Counsel Amit Desai (who was also actor Salman Khan’s lawyer in the Bombay High Court in the famous hit and run case) mentioned the matter before the bench on Monday, 2nd April, and urged the bench to change its observations, particularly regarding the game of poker.
The court appears to have partially accepted Desai’s plea and refrained from referring to the game of ‘poker’ in the order. However, the court refers to the description of the game in the FIR against Patel. It may be noted that the FIR mentions that the game of poker was being conducted in the premises and therefore the order of the High Court contains an iꦦndirect reference to the game of poker.
Online🐬 poker operators and p🦩oker enthusiasts can take solace from the fact that the order directly and categorically does not declare poker to be a game of chance, although question marks still prevail over the game’s legality.
