Three persons – Parilal Morya, Gautam Pati and Diago Moraes, were recently acquitted by JMFC, Margao of charges of conducting gambling activity after police failed to explain how the card game ‘flash’ is played.
According to the prosecution, the trio was apprehended by Margao Town Police while playing the card game ‘flash’ near Frisco Bar, Aquem-Baixo, Navelim in September, 2015. Around Rs 1,100 and 52 playing cards were seized from the accused.
However, in the cross examination Devendra Pingle of the Margao Town Police Station told the court that he neither knew how to play ‘flash’ nor the denominations of the cash seized.
The judgement stated that the term gambling involves three essential ingredients – consideration, chance and prize. “In the event either one of the above three ingredients is missing there cannot be any gambling activity.”
“Merely playing in the open place with cards does not amount to involvement in any gambling activity, unless it is proved that such playing was in anticipation of winning any prize money in any game of mere chance,” the judgement dated 8 April, stated.
Hence, the prosecution failed to prove that ‘flash’ was a game of chance and no skill was required.
While assistant public prosecutor R Dessai represented the state, Advocate P Rajadhyax argued for Gautam and Diago. Parilal died during the course of the hearings.