A search warrant under s. 6 1 i of the Act can be issued by a Deputy Superintendent of Police especially empowered by the 353.
5 of the Act and sentenced each of them to pay a fine of Rs.
200, in default simple imprisonment for one month.
The present appeal was filed by the appellant by special leave.
Appeal by special leave from the judgment and order dated August 16, 1963 of the Gujarat High Court in Criminal Appeal No.
He acquitted all the accused.
The High Court companyvicted the appellant of the offence under s. 4 of the Act and sentenced him to simple imprisonment for one month.
The sub inspector of police Shri Anjaria received information that the appellant was keeping a companymon gaming house.
The point was number taken either in the High Court or in the special leave petition.
The appellant as the occupant of the house was charged under s. 4 of the Act and the other six accused were charged under s. 5 of the Act.
13 of 1964.
Daniel A. Latifi and K. K. Sinha, for the appellant.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Hans Ra Khanna and R. N. Sachthey for R. H. Dhebar, for the respondent.
4 and 5 of the Bombay Prevention of Gambling Act 1887.
On appeal, the High Court held that Shri Pandya as the deputy superintendent of police, Porbandar was specially empowered to issue the search warrant and the prosecution was entitled to the benefit of the presumption under s. 7.
He obtained a special search warrant from the Deputy Superintendent of Police, Porbandar, Shri S. M. Pandya, and raided the appellants house in Bantwa on June 4, 1961 at 1 p.m. The raiding arty found the door leadin to the upper floor closed.
The inpmates pressed against the door from the inside and did number open it until a blacksmith broke open the latch.
154 of 1962.
Shri Anjaria seized torn and burnt pieces of playing cards lying on the floor of the central room, two packs of cards from a wall cabinet, some burnt cards lying on the floor and in the folds of a bed in the drawing room, four jokers and three packs of cards from trunks in the kitchen, some cash, burnt cigarette ends, bidis and matches and empty cigarette cases.
All the accused were found in the upper floor.
The Judgment of the Court was delivered by Bachawat, J. The appellant and six other persons were charg ed under ss.
The learned magistrate refused to raise a presumption under s. 7 of the Act on the ground that Shri Pandya was number specially empowered by name to issue a search warrant.
The High Court companyvicted the other six accused under.,,.
