Kailash Chand And Ors vs. State Of Punjab And Ors
Held
The High Court of Punjab and Haryana, while acknowledging the grievance of the petitioners regarding the alleged illegal interference by police officials in their online lottery business, disposed of the petition with specific directions. The Court directed the Director General of Police (DGP), Punjab, to investigate the matter. If it is found that police officials are indeed engaging in illegal interference with the petitioners' business, the DGP is mandated to take necessary corrective measures within 15 days of receiving a certified copy of the order. The Court also ordered that a copy of the petition and the order be sent to the DGP, Punjab, for compliance. No specific finding was made on the legality of the business or the GST compliance, as the court focused on the procedural aspect of investigating the alleged police misconduct.
Facts
The petitioners, Kailash Chand and others, operate a lawful online lottery business in Punjab. They claim to be paying Goods and Services Tax (GST) on their operations, which are reportedly monitored by the State of Punjab through the Secretary, Punjab State Lotteries Department. The petitioners allege that respondents No. 3 to 6, comprising police officials from Sangrur and Malerkotla, are illegally interfering with and stopping their business operations. This petition has been filed before the High Court of Punjab and Haryana seeking intervention against the alleged harassment and illegal actions by the police.
Key Issues
1. Whether the police authorities (respondents No. 3 to 6) are illegally interfering with the lawful business of online lottery operated by the petitioners, despite the business being controlled by the State of Punjab and GST being paid. Petitioner's contention: The petitioners argued that their online lottery business is lawful, controlled by the State, and they are compliant with GST regulations. They contended that the police officials are harassing them and illegally obstructing their business operations. They sought the court's intervention to stop this illegal interference. Revenue/State's contention: The judgment does not record any specific arguments or contentions made by the State of Punjab or the police authorities. The court's order is based on the grievance presented by the petitioners.
Sections Cited
GST
AI-generated summary — verify with the full judgment below
CRM-M-24559-2018 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24559-2018 (O&M)
Date of decision:13.12.2018 Kailash Chand and others .....Petitioners versus State of Punjab and others ....Respondents CORAM: Hon'ble Mr. Justice Kuldip Singh Present: Ms. Poonam Verma, Advocate for the petitioner.
Ms. Sunint Kaur, AAG, Punjab. **** Kuldip Singh, J. (Oral)
Grievous of the petitioners is that they are running a lawful business of online lottery. However, respondents No.3 to 6 namely Senior Superintendent of Police, Sangrur, Superintendent of Police, Malerkotla, SHO, PS City I Malerkotla, District Sangrur and SHO, PS City II Malerkotla, District Sangrur respectively, are not allowing them to run the business.
It is stated that their business of online lottery is controlled and monitored by State of Punjab through the Secretary, Punjab State Lotteries Department, Civil Secretariat, Punjab, Chandigarh and they are also paying GST. Their business is lawful. The police is harassing them and has stopped their business illegally.
In the circumstances, the petition is disposed of with direction to Director General of Police, Punjab to look into the grievous of the ANJ
The judgment continues below.
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Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.