Judgment Search Results Home > Cases Phrase: public gambling act 1867 section 5 powers to enter and authorise police to enter and search Page 1 of about 139 results (0.132 seconds)

Hannu Vs. the State

Court : Allahabad

Reported in : AIR1955All231; 1955CriLJ656

..... courts that the superintendent of police had authorised the station officer, jhansi, under section 5, gambling act, to enter the house of the applicant in order to make the search as he was satisfied that the house in question was used as a gaming house, that the warrant which was directed to the station officer was not executed by him personally but was endorsed by him in the name of another sub-inspector and it was that sub-inspector ..... in whose name the warrant was endorsed who entered ..... is that the provisions of the code of criminal procedure were not applicable to a search made under the gambling act and therefore a warrant which was required under section 5, gambling act, to be executed by a particular police officer could not be executed by another police officer of the same rank as it could not be endorsed in favour of such ..... , were applicable to a search under the gambling act and according to this provision the officer who had been nominated to make a search could delegate his powers, to another sub-inspector for that purpose.learned counsel for the applicant relied on a decision of the .....

Mool Chand Vs. the State

Court : Punjab and Haryana

Reported in : AIR1956P& H226; 1956CriLJ1348

..... 'section 5, public gambling act confers on the police the power to enter and search any premises mentioned in the warrant. ..... it shall be the duty of every police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice and to apprehend all persons whom he is legally authorised to apprehend and for whose apprehension sufficient ground exists; and it shall be lawful for every police officer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking shop ..... 5 (24)/56-home: under powers conferred under section 1 of the indian police act 1861, the chief commissioner of delhi is pleased to invest the superintendent of police, delhi city, new delhi, and rural with powers of district superintendent of police to issue warrants under section 5 of the public gambling act, 1867. .....

Sukumar Bose Vs. Emperor

Court : Kolkata

Reported in : AIR1948Cal116

..... in section 5 the magistrate or other officer empowered is given certain powers to enter and search a suspected gaming house and it is provided that he.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.3. ..... the petitioner in this case has been convicted under section 11, bengal public gambling act of 1867 for unauthorised betting at the calcutta race course. ..... noad before us is that there is no authority under the gambling act (act 2 [ii] of 1867) for the magistrate to direct forfeiture of the money found with the accused and we must accept this contention as sound. ..... in section 11 the provision is that a 'police officer may seize all birds and animals and instruments of gaming found in such public place or on the person of those whom he shall so arrest, and the magistrate may, on conviction of the offender, order such instruments to be forthwith destroyed, and such birds and animals to be sold.'6. .....

Kimat Mal and ors. Vs. the State

Court : Allahabad

Reported in : AIR1956All449; 1956CriLJ952

..... section 5, public gambling act, provides that--'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, room, tent, walled enclosure, 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 state government shall appoint in this behalf, to enter, with ..... the powers, therefore, conferred under the provisions of section 5 are much wider than the powers given to an officer who is authorised to make a search under a search warrant issued under the code of criminal procedure and when such wide powers are conferred on such an officer under section 5 public gambling act, it is reasonable to hold that such powers were intended by the legislature to be exercised either by the magistrate himself who acts on certain information received by him or a person specifically nominated by him. ..... 3 of 1867 which would prevent the passing on of the warrant to another officer, provided always that such latter officer was not of a rank below the rank authorised under the act to enter & search. .....

Superintendent and Remembrancer of Legal Affairs Vs. D.E. Wilsone

Court : Kolkata

Reported in : AIR1947Cal429

..... were under the public gambling act (act 8 [iii] of 1867) as amended by the united provinces public gambling amendment act (act 1 [i] ..... was necessary for the prosecution to establish that the profit or gain to the accused should accrue otherwise than as a result of betting, and that under section 47, calcutta police act, there was no presumption that the place was a common gaming house merely because instruments of gaming had been found therein, in the course of a search on a warrant duly issued under section 46 of the act. ..... for the profit or gain of the person owning the house' must be strictly proved by evidence.they then suggested for the consideration of the local government a slight amendment of the section, and proceeded to hold that inasmuch as a warrant had been issued under section 5 of act 1 [i] of 1917 by the district magistrate, the conviction of atma ram was justified even under the restricted meaning given to the ..... police searched that room and ..... learned presidency magistrate held that the slips of paper recording bets, were 'instruments of gaming' as defined in section 3, calcutta police act, but he held further, relying on the decision of a division bench of this court in ranga lal sen ..... be passing strange if the legislature were to approve of a casino to which everybody including the very poorest could enter freely and gamble at roulette or on fruit machines, and were to disapprove of a similar place from which the poorer classes were kept away by the imposition of an .....

Anurudh Mishra Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... whereby particulars of the offence, punishable under section 4 of the public gambling act, 1867 (hereinafter referred to as the act ).were read over and explained to him and the co-accused for the purpose of recording ..... /- 1200/- 2430/- son of swayambhar singh total 4230/- 4200/- 8430/- learned senior counsel has strenuously contended that the offence, under section 4 of the act, was not made out as there was not even an iota of evidence to show that the shop was being used as a ..... information, shiv mohan along with other members of the police force and special armed force and two panch witnesses namely chunuwad alias raju and nasim khan reached the spot and conducted a raid in the shop wherein petitioner and three others namely nand kishore, sanjay agrawal and preetam singh were found gaming with cards and money, particulars of which may be tabulated thus ..... search warrant are district magistrate or any other officer invested with the full powers of a magistrate or district superintendent of police or deputy or assistant superintendent of police ..... act makes punishable gaming - (a) in a common gaming house under section 4 and (b) in a public street or thoroughfare under section ..... practice of individuals making a profit by providing a spot of their own selection known as place where gambling is to be carried on and making a livelihood by attracting to a place which they would not otherwise frequent . ..... was not entered into or searched under such a warrant, no presumption, under section 6, could .....

Devi Rup and ors. Vs. the State

Court : Himachal Pradesh

Reported in : AIR1967HP18,1967CriLJ376

..... neither section 5 nor any other section of the public gambling act makes the provisions of the code of criminal procedure, relating to searches, applicable to a search, conducted under section 5 therefore, in view of the provisions of section 1(2) and section 5 (2) of the code of criminal procedure, the special provisions of search, contained in section 5 of the public gambling act, will prevail over the general provisions of the code of criminal procedure, relating to searches. ..... was held, in that case, that section 108, code of criminal procedure was applicable to a search conducted under section 5 of the jammu and kashmir gambling act, which was substantially the same as section 5 of the public gambling act! ..... the public gambling act confers a special power on certain officers to conduct search, under certain ..... the learned magistrate held that playing cards, corries and currency notes were recovered from the house of harji petitioner, as a result of the raid, carried out by the superintendent of police, on the night of the 29th october and that devi, rup and dila ram petitioners were playing cards at that time ..... the prosecution case against the petitioners was as under: shri gangbir singh pw-2, district superintendent of police, mandi district, had received credible information that harji petitioner was using his house, situated in mohalla thanera, mandi, town, as a common flaming ..... 2, the superintendent of police, had not recorded reasons as required by section 165 cr. p. c .....

The State Vs. Gainda Ram Siri Ram

Court : Punjab and Haryana

Reported in : 1964CriLJ607

..... the state from the appellate order of the additional sessions judge of ambala, made on january 5, 1962, acquitting the respondent of an offence under section 13 of the public gambling act, 1867 (act 5 of 1867), as amended by the punjab public gambling acts of 1929 (punjab act i of 1929) and i960 (punjab act 9 of i960), of which offence the respondent shad been convicted by the trial magistrate on june 12, 1961, and sentenced to rigorous imprison-intent for one month, the learned magistrate being of the opinion that sentence of fine of a few rupees in the ..... a signal by the bogus gambler, the raid party apprehended the accused-person and on a search on him were recovered one-rupee currency note that he had taken from the bogus gambler, a pencil and a slip of paper on which entries about gambling transactions had been entered, and a small cash amount. ..... a suggestion was made to the witness that one uttami had filed an application for security proceedings against him and the same was pending in the police station but the witness says that he has no knowledge of any such application, and on the record there is absolutely nothing to show that' any such application is in fact pending against the ..... 1, with a few police officers, was on patrol duty in rupar when he received secret in-formation that gianda ram respondent was accepting stakes or bets for dara, or what is sometimes described as devastate, gambling on a public road mear the telephone exchange, in the vicinity of which he was .....

State of U.P. Vs. Lal Bahadur and ors.

Court : Allahabad

Reported in : AIR1968All55; 1968CriLJ223

..... p public gambling act, the district superintendent of police may himself take into custody the persons whom he finds therein, the case under sections 3 and 4 of the u. p. ..... public gambling act is not a non-cognisable offence, for section 5 expressly excludes arrest without warrant by all officers below the rank of a district superintendent of police. 6. ..... public gambling act, it cannot for a moment be contended that an offence under sections 3 and 4 of the u. p. ..... public gambling act would be one of a cognisable offence and not of a non-cognisable offence this contention is without force in jai prakash v. ..... public gambling act. 4. ..... public gambling act are not cognisable offences' he followed the earlier decision reported in state of rajasthan v. ..... public gambling act has not been satisfied. ..... public gambling act. ..... gambling act was non-cognizable and the report of the police officer be treated as a complaint. ..... public gambling act permitted issue of a warrant by the district superintendent of police to any police officer, not below such rank as the state government shall appoint in that behalf to enter any house, walled enclosure, room or place upon credible information that it is used as a common gaming house. ..... on 4-11-1964 a search warrant was obtained by the station officer. .....

Arambam Manikchand Singh and ors. Vs. the Manipur Administration

Court : Guwahati

..... a/4 under section 5 of the public gambling act to the officer in charge, imphal police station, authorising and requiring him to search the house of shri ..... was defective as it did not state that the house to he searched was a common gaming house as defined in section 1 of the public gambling act and secondly as the said warrant was executed not by the officer in charge of the imphal police station as directed by the inspector-general of police, but by another officer satyabrata singh as directed by the deputy superintendent of police, who had no authority under section 5 to issue such a search warrant. ..... singh has issued the search warrant against a public servant to search the government quarters occupied by him as such public servant is a light-hearted manner without understanding or realising the seriousness of his action and without knowing the scope and extent of his powers and duties under section 5 of the public gambling act. ..... the power of search given under section 5, if exercised, creates the presumption under section 6 that the house searched is a common gaming house and that the persons found in the house were present there for the purpose of ..... such a power should not be lightly exercised, hence section 5 has vested the power in very responsible officers, so that it should not be improperly used or abused.10. ..... this court is exercising its power under section 439, cri. p.c. ..... and has perused all the records connected, it has to exercise its revisional power not only in favour .....