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State of West Bengal - Section

Section 5 in The West Bengal Gambling and Prize Competitions Act, 1957

5. Power to enter and authorise police to enter and search.

(1)It shall be lawful for any police officer not below the rank of Sub-Inspector, authorised by the State Government in this behalf by general or special order in writing, to enter, if necessary, by force, with such assistance as he considers necessary, by night or by day, any house, room, tent, walled enclosure, space, vehicle, vessel or place referred to in section 4, which he has reason to suspect, is being used as a common gaming house, and may take into custody all persons whom he finds therein, whether or not such persons may be then actually gaming;and may 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 all parts of the house, room, tent, walled enclosure, space, vehicle, vessel or place which he shall have so entered, when he has reason to believe that any instruments of gaming are concealed therein, and also the persons of those, whom he so takes into custody;and may seize and take possession of all instruments of gaming found upon such search.
(2)All persons taken into custody under sub-section (1) shall be produced before the nearest magistrate within a period of twenty-four hours of taking into custody excluding the time necessary for the journey from the place of taking into custody to the court of the magistrate.