Ascertainment of Nature of Gaming Necessary Before Denying Permission: Allahabad HC

The Hon’ble Allahabad High Court, in the matter of Dm Gaming Pvt Ltd v. State of UP, has directed the DCP of Agra to reexamine whether card games, i.e. Poker and Rummy, are games of skill and not gambling, before denying permission to run a gaming unit. The court observed that denial of the permission only on the basis of the deemed perception of the officer concerned cannot be a ground that can be sustained.

The court considered the Hon’ble Supreme Court’s judgment in the State of Andhra Pradesh vs. K.S. Sathyanarayana AIR 1968 SC 825 as well as Junglee Games India Private Limited Vs. State of Tamil Nadu (W.P. No. 18022 of 2020) passed by the Madras High Court where it was held that games of Poker and Rummy are games involving skill and not gambling. The court further pointed out that the permission being granted by itself would not prevent the authorities concerned from checking on the aspect of gambling that may take place in future.