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State of Jammu-Kashmir - Section

Section 5 in The Public Gambling Act, 1977

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, [or a Police Officer higher in rank] [Added by Notification 28-L/88 published in Government Gazette dated 12th Chet. 1988.], upon credible information, and after such enquiry as he may think necessary, has reason to believe that any house, walled enclosure, room, tent, space, vehicle, vessel 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 government] [Substituted for 'His Highness' by Act X of 1996.] 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, tent vehicle, vessel or place;and may either himself take into custody, or authorise such officer to take into custody, all person 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 my search or authorise such officer to search all parts of the house, walled enclousura, room, tent, space, vehicle, vessel or place, which he or such officer shall have so entered, when he or such officer has reason to believe that any instruments of gaining are concealed therein, and also the persons of those whom he are 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.