“ 19. Thus, the High Courts of Gujarat and Karnataka, by observing as aforesaid have already made it clear that, it cannot be held by any stretch of imagination that the acts of gambling could disturb the public order. It is extremely important to note that the Maharashtra Prevention of Gambling Act has made stringent provisions to curb the acts of gambling in Maharashtra State. Though the gambling is recently added in the ambit of MPDA Act, but under the Maharashtra Prevention of Gambling Act, Section 4 has already provided the punishment to prevent the cases of gambling. According to the same, for the first offence, there is provision of imprisonment, which shall not be less than three months and also fine not less than Rs. 500/-. For the second offence, the imprisonment is not less than six months and fine also not less than Rs. 1,000/-. Again for third or subsequent offence, the imprisonment, which shall not be less than one year, is provided along with the fine which shall not be less than Rs. 2,000/-. On going through this provision, a punishment for even subsequent acts of gambling are there to curb the gambling activities in the State. Not only this, but more strict punishment is also introduced in B.N.S. 2023 for gambling by categorizing it, as petty organized crime under section 112 of the Act. Section 112 of the B.N.S. 2023 has provided punishment for such unauthorized gambling, not less than one year, but it may extend to seven years and fine also. Therefore, considering the provisions of existing Acts, there is sufficient punishment provided for the gambling activities in the State. Therefore, when the law has provided already sufficient punishment for the gambling activities, such short-cut method of passing detention order under M.P.D.A. Act, cannot be adopted.
