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Section 5 – The Public Gambling Act,1867

The Public Gambling Act,1867

Section 5. Power to enter and authorize 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, upon credible information, and after such enquiry as he may think necessary, has reason to believe at any house, walled enclosure, room, or place, is used as a common gaming-house,

He may either himself enter, or by his warrant authorize any officer of police, not below such rank as the State Government 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 or place,

And may either himself take into custody, or authorize such officer to take into custody, all persons whom he or such officer finds therein, whether or not then actually gaming,

And may seize or authorize such officer to seize all instruments of gaming and all moneys and securities for money, and article 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 or authorize such officer to search all parts of the house, walled enclosure, room 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 who he or such officer so takes into custody,

And may seize or authorize such officer to seize and take possession of all instruments of gaming found upon such search.

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The Public Gambling Act,1867

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