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Opinion Trading or Online Gambling? Probo case deepens as ED seeks impleadment
The matter was adjourned and will be taken up on August 13, 2025. The judge directed that it be shown in the “urgent list,” underscoring the case's priority.
The matter Probo Media Technologies Pvt. Ltd. And Others V/S State Of Haryana And Another was heard by Justice Sukhvinder Kaur
In a legal saga that grows more tangled by the day, the Punjab and Haryana High Court on Saturday witnessed fresh fireworks in the controversial case involving Probo Media Technologies Pvt. Ltd., a startup at the eye of a nationwide storm over so-called “opinion trading” apps.
The matter Probo Media Technologies Pvt. Ltd. And Others V/S State Of Haryana And Another was heard by Justice Sukhvinder Kaur, the courtroom turned tense as the Enforcement Directorate (ED) made a dramatic entrance into the fray—filing an interim application seeking to implead itself as a respondent in Probo’s plea to de-freeze its bank accounts and quash a criminal FIR.
Senior advocate Akshay Bhan and others represented the Probo while the State of Haryana was represented by Additional Advocate General R.K. Singla.The Enforcement Directorate (ED) was represented by Special Counsel Zohib Hussain and Senior Panel Counsel Lokesh Narang, among others filed an interim application seeking impleadment in the matter as a respondent.
It should be noted that the Enforcement Directorate (ED) had launched a search operation on July 8 and 9 under the Prevention of Money Laundering Act (PMLA), 2002. The searches targeted four locations in Gurugram and Jind, Haryana, focusing on Probo's promoters Ashish Garg and Sachin Subashchandra Gupta. These actions stem from multiple FIRs registered in Gurugram, Palwal, and Agra under provisions of the BNS and the Public Gambling Act.
Advocate Animesh Sharma, representing Probo, objected strongly to ED's move of impleading in the case and requested time to file a detailed reply. The Court granted this request, setting the deadline for submission before the next hearing.
The matter was adjourned and will be taken up on August 13, 2025. The judge directed that it be shown in the “urgent list,” underscoring the case's priority.
The matter stems from the First Information Report (FIR), lodged on March 25, 2025, at Sector 50 police station in Gurugram, was based on a complaint by Gurugram resident Abhishek Jain. In his complaint, Jain alleged he lost ₹20,000 while using the Probo app, which allows users to wager on the outcome of real-world events via simple “Yes” or “No” questions. He claimed the app induced him into gambling under the guise of “opinion trading.”
The FIR names Probo directors Ashish Garg, Sachin Subashchandra Gupta, and Shweta Sharma, invoking Section 13 of the Public Gambling Act, 1867 (pertaining to gambling in streets), and Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, related to cheating and dishonest delivery of property.
Probo has come under intense scrutiny across several jurisdictions. On May 21, the Haryana government notified a new anti-gambling law that explicitly seeks to include opinion trading platforms like Probo under its purview. In parallel, the Securities and Exchange Board of India (SEBI) issued a public advisory stating that such apps fall outside its regulatory domain and cautioning users against participation.
While the Mumbai police filed a chargesheet against Probo and two of its directors—Gupta and Garg—who are currently out on bail of ₹5,000 each. The Bombay High Court, which is hearing their petition to quash the charges, has stayed the trial proceedings for now.
On July 18, the Supreme Court has transferred to itself a clutch of Public Interest Litigations (PILs) pending in various High Courts, challenging opinion trading platforms. With this, all related matters will come under the apex court's direct consideration.
A slew of PILs have been filed at the Bombay, Gujarat, and Chhattisgarh high courts, arguing that opinion trading platforms are similar to betting and gambling.
Opinion Trading or Online Gambling? Probo case deepens as ED seeks impleadment
The matter was adjourned and will be taken up on August 13, 2025. The judge directed that it be shown in the “urgent list,” underscoring the case's priority.