Chattisgarh High Court
Sunil Namdeo vs State Of Chhattisgarh on 4 April, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
WPPIL No. 37 of 2025
Sunil Namdeo Versus State Of Chhattisgarh & Others
Order Sheet
04/04/2025 Heard Mr. Amrito Das, learned counsel for the
petitioner. Also heard Mr. Prafull N Bharat, Advocate General
assisted by Mr. Shashank Thakur, learned Deputy Advocate
General for the State/respondents No. 1 to 3 as well as Mr.
Tushar Dhar Diwan, learned counsel for the respondent No.
4.
On the last date of hearing i.e. on 24.03.2025, this
Court had directed the Secretary, Department of Home
Affairs, Government of Chhattisgarh to file his personal
affidavit in the matter.
In compliance of the aforesaid, the Secretary,
Department of Home Affairs, Government of Chhattisgarh has
filed his affidavit, the relevant portion of which reads as under:
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“4. That, in compliance of the order dated 24/03/2025
passed by the Hon’ble Court, the deponent most
humbly and respectfully submits as under :-
a. That, the deponent respectfully submits that he has
the highest regards and great respect for the lawful
authority of this Hon’ble Court and its orders and
direction issued from time to time.
b. That, the respondent No. 1 herein respectfully
submits that, he was given additional charge of
Secretary, Department of Home & Jail, Government of
Chhattisgarh as on 30-08-2024, copy of the order
dated 30-08-2024 is being filed as ANNEXURE A/1.
Pursuant to the said order, the respondent No. 1 has
taken the charge on 03-09-2024, which is filed
herewith as ANNEXURE A/2.
It is respectfully submitted that the respondent No. 1 is
working under the supervision of the Additional Chief
Secretary, Government of Chhattisgarh, Department of
Home. Copy of the order dated 03-01-2024 is being
filed as ANNEXURE A/3. The content of affidavit is
duly approved by incharge secretary that is Additional
Chief Secretary, Government of Chhattisgarh,
Department of Home.
c. That, in the State of Chhattisgarh, an act to curb the
tendency of extracting illegal money by involving in
gambling and Satta and to prevent the social evil of
gambling and online gambling and to prevent the
3consequential financial trouble on the facilities in the
State of Chhattisgarh and for relating to and incidental
thereto has been enacted in the name and style of the
Chhattisgarh Gambling (Prohibition) Act, 2022
(hereinafter referred to as the Act, 2022).
d. That, the Act, 2022 has been enacted by the
Legislature after taking into account the fact that the
new methods and devices are being used to cheat
and dupe the innocent people. It is respectfully
submitted that in the definition clause, Section 2(b)
defines the instrument of Gambling which includes
cards, dice table for Gambling, cloth, any article used
or intended to be used as a subject or means of
gambling, register, record or electronic record,
electronic device, mobile app, any document /
electronic records made or indented for the purposes
of electronic transfer of fund, or the proceeds of any
Gambling and the winning or prizes in money or
otherwise distributed or to be distributed in respect of
any gambling.
e. That, Section 2(d) of Act, 2022 defines the “Online
Gambling” which means to involve online in any
Gambling or competition or any Gambling in any form
in any name whatever it may be or accepting the
method in any form of combination of any digits or
figures or signs or symbols or pictures or by any
process of selection, or obtains online or attempts to
obtain online or abets to obtain online through
4computer, computer application, computer network,
computer system or mobile app or internet or any
other communication device, electronic application,
software or any virtual platform of such digits or figures
or signs or symbols or picture.
f. That, Section 2(e) of Act, 2022 defines the Game of
skill which means that outcome of the game is
predominantly determined by the knowledge, training,
expertise and experience of the participant and further
defines Game of chance which means that outcome of
the game is not predominantly determined by the
knowledge, training, expertise and experience of the
participant but it determined by the chance and luck.
g. It is respectfully submitted that as per Section 7 of
the Act, 2022, there is a provision for penalty of online
Gambling. It is further respectfully submitted Section
10 of the Act, 2022 prescribes the prohibition on
advertisement in electronic / print media of gambling
games where chance prevails over the skills and
Section 11 of the Act, 2022 provides for penalty for
contravention of Section 10.
h. It is respectfully submitted that from a bare perusal
of the above mentioned provisions, it is crystal clear
that the Act 2022 has been drafted taking into account
the possible exigencies which may arise due to rapid
increase in computerization and increase in use of
various social media platforms for betting.
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i. It is respectfully submitted that the Police Authorities
of various districts of State of Chhattisgarh have
registered crimes against the erring persons on the
basis of the information received from the Informant or
on the basis of the complaint being made by the
aggrieved party.
j. At this juncture, it is necessary to mention and point
out that after the enactment of the Act, 2022, the
Police has taken continuously action against the erring
persons under the provisions contained in the Act,
2022 and as on February, 2025 total 444 cases of
online gambling /Satta have been reported in which
1002 persons have been arrested and in 383 cases
are pending before the competent court of law and the
police has seized the cash and other articles
amounting to Rs. 2,19,63,430/-. Copy of the details of
the action taken by the Police under the Act, 2022 in
various districts of State of Chhattisgarh is being filed
herewith as Annexure A/4.
k. It is respectfully submitted that during the year 2022
to 2024, 77 crimes have been registered against the
Mahadev Online Gambling Cases, out of which 46
cases are under trial, in 09 cases, accused were fined
and convicted by the Hon’ble Court, 10 cases under
investigation (173(8), CRPC) and 12 cases are under
investigation in various Police Station of District-
Raipur, Durg, Bilaspur and Surajpur of Chhattisgarh
State against the perpetrators who operated and
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indulged with Mahadev Online Gambling Platforms
and other associated Platforms. It provides platforms
for illegal betting in different online games, 09 cases
have been decided by the Hon’ble Court. A copy of
the detailed report is being filed herewith as Annexure-
A/5
l. It is respectfully submitted that in the instant petition,
the petitioner has submitted a representation before
the authorities wherein it has been submitted that there
are various betting platforms available in the internet
and names of some of such platforms are also
provided. It is submitted that acting on the
representation submitted by the petitioner, the
Inspector General, Cyber, Police Headquarters,
Raipur issued a letter to all the Superintendent of
Police and Cyber Police Stations of State of
Chhattisgarh to carry out the investigation into the
allegations levelled against online betting and
gambling platforms as such Probo, Better Opinions,
Coolboost (Predchamp), TradeX, Sports Bazzi and
submit a report. Copy of the letter dated 28/03/2025 is
being filed herewith as Annexure A/6.
m. It is further respectfully submitted that the
information provided by I.G. Cyber Police
Headquarters Raipur that none of case regarding
online betting or fraud have been reported against the
above mentioned platforms in any of the districts. A
copy of the information with respect to the same is
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being filed herewith as Annexure A/7.
n. It is most respectfully submitted that taking
cognizance of the news items published in the various
newspapers with regard to online betting and
gambling, the Senior Superintendent of Police, District
Raipur has already issued the advisory in this regard
directing all the concerned advertising agencies,
newspapers and TV Channels and Portals not to
encourage such online betting and gambling being
illegal activity by publishing the news items in the
newspapers, Hoardings and TV Channels. Copy of the
advisory dated 27/06/2023 is being filed herewith as
Annexure A/8.
o. It is most respectfully submitted that the Act, 2022
are very comprehensive in nature, however, since no
complaint with regarding to online betting and
gambling is received and whenever any
complaint/Information is received by the Police, stern
action against the persons involved in such illegal
online betting and gambling would be taken in
accordance with the Act, 2022.
5. That, the deponent respectfully submits that from
the aforesaid, it would be apparent that to curb the
tendency of extracting illegal money through online
betting and gambling, all possible action has
continuously been taking by the Police against the
persons involved in such illegal online betting and
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gambling, so that the very object and purpose behind
framing of the Act, 2022 could be achieved. It is
further respectfully submitted that the deponent being
a law abiding citizen, is a duty bound to adhere to and
abide by the orders of the Hon’ble Court.”
Mr. Das, learned counsel for the petitioner has drawn
attention of this Court to paragraph ‘l’ onwards of the
aforesaid affidavit which goes to show that the affidavit filed by
the State/respondents No. 1 to 4, is self contradictory to
which learned Advocate General refuted and submits that the
State may be granted some time to file a detailed affidavit with
respect to the issues involved in this petition.
Prayer is allowed.
Three weeks time is granted to the State/respondents
No. 1 to 4 to file a detailed affidavit. In the meantime, the
respondent No. 5/Union of India, may also file its return to this
petition.
Let this matter be listed again on 06th of May, 2025.
Sd/- Sd/-
(Arvind Kumar Verma) (Ramesh Sinha)
JUDGE CHIEF JUSTICE
Amit
AMIT
KUMAR
DUBEY
Digitally signed by
AMIT KUMAR
DUBEY
Date: 2025.04.04
16:34:11 +0530
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