Section 6 in The Bombay Prevention of Gambling Act, 1887
6. [ Entry, search, etc. by police officers in gaming. [Section 6 substituted for the original section by Bombay 1 of 1936, section 5.]
- [(1)] It shall be lawful for a Police Officer-(ia)[ in any area of the State, not below the rank of Sub-Inspector of Police, authorised in each case by special warrant issued by the Additional Director General of Police (Law and Order) or whoever is holding that post in any rank or Additional Director General of Police C.I.D. (crime); and (ib) in any area of police range not below the rank of Sub-Inspector of Police, authorised in each case by special warrant issued by the Special Inspector General of Police or Deputy Inspector General of Police appointed for the respective police range; and] [Clauses (ia) and (ib) inserted by Gujarat 4 of 2003, dated 3rd March 2003](i)[in any area for which a Commissioner of Police has been appointed] [These words were substituted for the words 'in the Greater Bombay' by Bombay 56 of 1959, section 3. Schedule] not below the rank of a [***] [These words 'Sergeant or' were deleted by Bombay 14 of 1959, section 3(d).] Sub-Inspector and either empowered by general order in writing [by the Commissioner of Police or authorised in each case by special warrant issued by any police officer not below the rank of Deputy Commissioner of Police or, as the case may be, Superintendent of Police] [Substituted for 'or authorised in each case by special warrant issued by the Commissioner of Police' by Gujarat 20 of 1990, dated 19th December 1990], and(ii)elsewhere not below the rank of a Sub-Inspector of Police authorised by special warrant issued in each case [by a District Magistrate or Sub-Divisional Magistrate or by a Taluka Magistrate specially empowered by the State Government in this behalf or by] [These words were substituted for the words 'by a Magistrate of the First Class or' by Bombay 60 of 1954, section 82.] [a District, Additional, Assistant or Deputy Superintendent of Police] [These words were substituted for the portion beginning with the words 'a District Superintendent of Police' and ending with the words 'in this behalf' by Gujarat 32 of 1964, section 2(1) (a).], [and] [This word was inserted by Bombay 14 of 1959, section 3(d).](iii)[ without prejudice to the provision in clause (ii) above, in such other area as the State Government may, by notification in the Official Gazette, specify in this behalf, not below the rank of a Sub-Inspector and empowered by general order in writing issued by the District Magistrate.] [This clause was inserted by Bombay 14 of 1959, Section 3(d).](a)to enter, with the assistance of such persons as may be found necessary, by night or by day, and by force, if necessary, any house, room or place which he has reason to suspect is used as a common gaming-house,(b)to search all parts of the house, room or place which he shall have so entered, when he shall have reason to suspect that any instruments of gaming are concealed therein, and also the persons whom he shall find therein whether such persons are then actually gaming or not,(c)to take into custody and bring before a Magistrate all such persons,(d)to seize all things which are reasonably suspected to have been used or intended to be used for the purpose of gaming and which are found therein:Provided that no officer shall be authorised by special warrant [unless the authority competent to so authorise under sub-section (1) is satisfied] [Substituted for 'unless the Commissioner of Police, the Magistrate, the District or Additional or Deputy Superintendent of Police concerned is satisfied' by Gujarat 20 of 1990, dated 19th December 1990], [***] [The words 'upon any complaint made before him on oath and' were deleted by Bombay 14 of 1959.] upon making such inquiry as he may think necessary, that there are good grounds to suspect the said house, room or place to be used as a common gaming-house.](2)[ Notwithstanding anything contained in any law for the time being in force, no search made under this section shall be deemed to be illegal by reason only of the fact that the witnesses (if any) of the search were not inhabitants of the locality in which the house, room or place searched is situate.] [Sub-section (2) added by Gujarat 32 of 1964, section 2(2).]
