Entry, search, etc., by Police officers in gaming-houses

Section 6 of the Maharashtra Prevention of Gambling Act deals with entry, search, etc., by Police officers in gaming-houses. [6. Entry, search, etc., by police officers in gaming-houses. The Act was enacted on 05 Jan 1888.

¹[6. Entry, search, etc., by police officers in gaming-houses. ²[(1) It shall be lawful for a police officer-

(i) ³[in any area for which a Commissioner of Police has been appointed] not below the rank of a ⁴* * Sub-Inspector and either empowered by general order in writing or authorised in each case by special warrant issued by the Commissioner of Police, and

(ii) elsewhere not below the rank of Sub-Inspector of Police authorised by special warrant issued in each case ⁵[by a District Magistrate or Sub-Divisional Magistrate or by Taluka Magistrate specially empowered by the State Government in this behalf or by] a ⁶[Superintendent of Police] or by an Assistant or Deputy Superintendent of Police especially empowered by ⁷[the ⁸[State Government] in this behalf, ⁹[and]

¹⁰(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,]

(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 Commissioner of Police, the Magistrate, ¹¹[the Superintendent of Police] or Assistant or Deputy Superintendent of Police concerned is satisfied, ¹²* * * * * 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.

¹³[(2) Notwithstanding anything in any law for the time being in force, no search made under this section shall be deemed 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.]

Section 6, The Maharashtra Prevention of Gambling Act (Act 4 of 1887).