Bare ActsThe Goa, Daman and Diu Public Gambling Act, 1976

Section 5

Power to enter and authorise police to enter and search

Amendment status not verified — confirm the current text below against the official source.

Power to enter and authorise police to enter and search. — (1) (a) If a District Magistrate, or a Sub-divisional Magistrate, or a Judicial Magistrate of the First Class, or (b) The Inspector General or a Superintendent of Police or a Deputy Superintendent of Police or an Assistant Superintendent of Police specially empowered by the Government in this behalf, upon credible information, and after such enquiry as he may think necessary, has reason to believe that any house, room or place is used as a common gaming-house, he may— (i) either himself enter, or by his warrant, authorise any police officer not below the rank of 19[a Head Constable of Police] to enter, by ‘force, if necessary, with such assistance as may be found necessary, by night or by day, any such house, room or place, (ii) either himself take into custody, or authorise such officer to take into custody, all persons whom he or such officer finds therein whether or not then actually gaming, (iii) seize or authorise such officer to seize all instruments of gaming, and all money 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, (iv) search or authorise such officer to search all parts of the house, 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 gaming are concealed therein, and also the persons of those whom he or such officer so takes into custody, and (v) seize or authorise such officer to seize and take possession of all instruments of gaming found upon such search. 16 Substituted by the Amendment Act 25 of 2003. 17 Substituted by the Amendment Act 2 of 1994. 18 Inserted by the Amendment Act 25 of 2003. 19 Substituted by the Amendment Act 4 of 1979. Manual of Goa Laws (Vol. III) – 944 – Public Gambling Act (2) Notwithstanding anything contained in any other 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 situated.

Section 5 – The Goa, Daman and Diu Public Gambling Act, 1976 | DailyLaw.ai