S.B. Sinha,.J. - (1.) This appeal is directed against a Judgment and order dated 19.11.98 passed by a learned Single Judge of this Court in W.P. No. 2019 of 1999 whereby and where under the writ application filed by the respondent herein was allowed.
(2.) The writ petitioner-respondent was the sole agent intra alia in respect of the lottery tickets of the States of Meghalaya. According to the petitioner, the State had issued a Notification banning sale of lottery tickets. The writ petitioner has contended that the said action on the part of the State is illegal in view of the decision of the Supreme Court in State of Haryana v. M/s. Suman Enterprises and Ors. reported in 1994 (4) SCC 217.
(3.) The Notification dated 18th August, 1997 impugned in the writ application is as under: " The Governor is pleased to say that only those State Organised lotteries which satisfy the basic and essential concommitants as laid down by the Hon'ble Supreme Court in its Order dated 21.4.1994 in Civil Appeal No. 2349-51/94 arising out of SLP (C) No. 6566-68/1994 shall be permitted in the State of West Bengal subject to the condition that- (1) no single digit lottery, two digit lottery, daily lottery, instant lottery, search or Ghasha lottery or any lottery which has prizes against a single digit or two digits or any lottery having the same prise structure which is meant to be marketed daily under different names shall be permitted in the State of West Bengal in view of the adverse social effect it is likely to cause. (2) information as under regarding the lottery schemes and its marketing should be furnished to the Director, State Lottery prior to its launching; i) Names and Addresses of (a) Sole Distributors, (b) Area Distributors in West Bengal; ii) Price of the tickets, prise and bonus structure and no. of tickets to be printed; iii) Number of tickets actually printed; iv) No. of tickets proposed to be marketed in West Bengal; v) Periodicity of the scheme, i.e. whether it is marketed daily, fortnightly, etc. (3) In addition to the above information, following information regarding any particular draw should be furnished to the Director State Lottery as and when called for : i) Names and Address of (a) Sole Distributors, (b) Area Distributors in West Bengal. ii) Price of tickets, prise and Bonus structure and No. of tickets to be printed. iii) Number of tickets actually printed; iv) Total No. of tickets marketed (a) Total, (b) in West Bengal only. v) No. of tickets lying unsold with (a) Govt. and (b) Sole Distributors per draw. vi) Official Result Sheet of Gazette. (4) Sale Tax or other fees as may be payable are to be paid, the sale of lottery tickets which do not satisfy the above condition shall be dealt with strictly under Section 294A of the Indian Penal Code (Central Act XLV of 1860). (5) This order will take immediate effect.";