KOZHIKODE: Fortune will not smile on anyone selling lottery tickets in Mahe or nearby villages. The simple reason is that Mahe is part of the Union Territory of Puducherry, where selling lottery tickets is a non-bailable offence.
Recently, a lottery agent from a village in Kozhikode district bordering Mahe stepped into the Union Territory and landed in jail after a higher official from the Puducherry police spotted him selling tickets. He had to stay behind bars for four days as he was arrested on a Friday followed by court holidays on Saturday and Sunday and another two days when the judge was on leave.
Mahe comes under the jurisdiction of the High Court of Madras just like Karaikkal and Yanam, the other enclaves of Puducherry. In Mahe, there are two courts — Mahe sub-court and district munsiff and judicial magistrate court, which were established recently. The appellate court of these courts is in Puducherry, which is 600 km from Mahe. So if a judge is on leave or the post is not filled, one has to travel to Puducherry to get bail.
“Till recently, the charge was usually handed over to the sub- judge. However, a few days back, a new circular came saying the charge of Mahe district judge had been transferred to Karaikkal magistrate court judge who is located 129 km from Puducherry. So by the time one gets bail, the person has to stay a few days in jail and sometimes to execute the bail, one needs to take the sureties too to Karaikkal or Puducherry,” said an advocate in Mahe Bar Association.
“It is sad to see that when people come out on bail in more serious crimes, those who are arrested in Mahe have to stay behind bars due to the faulty system,” added another.
Though the Regional Administrator of Mahe has judicial powers, he cannot grant bail. “We are planning to visit the Madras High Court Chief Justice requesting him to rectify the fault in this system by giving charge to the lower sub-court when the district court judge is on leave or the post is vacant,” said Mr Rajesh Kumar of Mahe Bar Association.
Puducherry is taking strict action against those who sell Kerala lottery. Recently, Chief Minister V. Narayanasmay told the Assembly that as many as 40 persons in Puducherry, 11 in Karaikal and three in Mahe were arrested and cases were registered for selling lottery.
