[Cites 0, Cited by 88]
[Entire Act]
Union of India - Section
Section 5 in The Public Gambling Act, 1867
5. Power to enter and authorise police to enter and search
.If the Magistrate of a district or other officer invested with the full powers of a Magistrate, or the District Superintendent of Police, upon credible information, and after such enquiry as he may think necessary, has reason to believe that any house, walled enclosure, room or place, is used as a common gaming-house;he may either himself enter, or by his warrant authorise any officer of police, not below such rank as the State Government shall appoint in this behalf to enter with such assistance as may be found necessary, by night or by day, and by force, if necessary, any such house, walled enclosure, room or place;and may either himself take into custody, or authorise such officer to take into custody, all persons whom he or such officer finds therein, whether or not then actually gaming;and may seize or authorise such officer to seize all instruments of gaming and all moneys and securities for money, and articles of value, reasonably suspected to have been used or intended to be used for the purpose of gaming, which are found therein;and may search or authorise such officer to search all parts of the house, walled enclosure, room or place which he or such officer shall have so entered when he or such officer has reason to believe that any instruments of gaming are concealed therein, and also the persons of those whom he or such officer so takes into custody;and may seize or authorise such officer to seize and take possession of all instruments of gaming found upon such search.| [Himachal Pradesh].In its application to the State of Himachal Pradesh, in Section 5, for the words house, walled enclosure, room or place, substitute house, room, tent, enclosure, vehicle, vessel or place.Himachal Pradesh Act 30 of 1976, Section 4.[Madhya Pradesh].In its application to the State of Madhya Pradesh, in Section 5,(i) for the words house, walled enclosure, room or place, substitute house, room, tent, enclosure, space, vehicle, vessel or place.C.P. Act 3 of 1927, Section 4.(ii) in the first paragraph, after the words or the District Superintendent of Police, insert or the Deputy or the Assistant Superintendent of Police; and(iii) in the fourth paragraph, add at the end the following words, namely:and also all moneys and securities for money found on the person of such persons as are found playing or gaming or found there present for the purpose of gaming within the meaning of section 4.Madhya Pradesh Acts 25 of 1950, Section 5 (w.e.f. 3-11-1950) and 23 of 1958.[Manipur].In its application to the State of Manipur, in Section 5, in paragraph 1,(i) for the words Magistrate of a District, substitute District Magistrate;(ii) after the words walled enclosure, insert tent, space, vehicle,;(iii) same as that of Madhya Pradesh (iii).S.R.O. 168, dated 30-1-1952, Gazette of India, dated 2-2-1952, Pt. II, Section 3, p. 149.[Punjab, Haryana and Chandigarh].Same as that of Madhya Pradesh (i).Punjab Acts 1 of 1929, Section 4; 18 of 1958, Section 3 and Central Act 31 of 1966, Section 88.[Uttar Pradesh].In its application to the State of Uttar Pradesh, in Section 5,(i) for the words house, walled enclosure, room or place, substitute house, room, tent, walled enclosure, space, vehicle, vessel or place.Uttar Pradesh Act 1 of 1917, Section 3.(ii) in para. 1, between the words the District Superintendent of Police and the words upon credible information, add or any police officer of gazetted rank especially empowered in this behalf by the State Government;(iii) in para. 3, delete the semicolon and add the following words at the end: and all persons found in the immediate vicinity thereof with any instruments of gaming.Uttar Pradesh Act 21 of 1961, Section 5 (w.e.f. 7-9-1961). |
| [Madhya Pradesh].In its application to the State of Madhya Pradesh, after Section 5, insert the following section, namely:5-A. Seizure of register, record or writing.If the District Magistrate or the Additional District Magistrate or a Police Officer not below the rank of Assistant Superintendent of Police is of the opinion that any register, record or writing of any kind whatsoever which contains digits or figures or signs or symbols or pictures or combination of any two or more of such digits, figures, signs, symbols or pictures relates to worli matka gaming or some other form of gaming, he shall be entitled to seize the same and such register, record or writing shall be presumed to be an instrument of gaming unless it is shown by the person from whom it is seized that it is a register, record or writing of any transaction in connection with a lawful trade industry, business, profession or vocation of any lawful personal transaction of any person or it is otherwise not an instrument of gaming.Madhya Pradesh Act 47 of 1976, Section 4 (w.e.f. 6-10-1976). |