A Police officer may apprehend 2[and search without warrant
(a) any person found 3[gaming 4[or reasonably suspected to be gaming] in any public street 5[or thoroughfare, or in any place to which the public have or are permitted to have access] 6[or in any race-course];
(b) any person setting any birds or animals to fight in any public street 5[or thoroughfare, or in any place to which the public have or are permitted to have access];
(c).any person there present aiding and abetting such public fighting of birds and animals.
1.This section was substituted for the original by Bombay 14 of 1959,s. 3
2. The words and search were inserted by Born. 1 of 1936 s. 9
3. This words was substituted for the words playing for money or other valuable thing with cards, dice, counters or other instruments of gaming used in playing m game, not being a ganieofntercskill’bys.7otihcRomhay Prevention of Gambling(Amendment)Act, 1919 (Bom.6o11919).
4, The words or reasonably suspected to be gaming were inserted by Bom. 1 of 1936 , s.9(2).
5. These words were substituted for the words place or thoroughfare” by Schedule 1. Part II, Serial No.14 of the Bombay Repealing and Amending Act, 1910 (Bom. I of 1910).
6. These words were added by s.4 of the Bombay Prevent (Amendment) Act, 1922 (Bom. 5 of 1922).
Any such person shall on conviction, 1[be punished both with fine which may extend to three hundred rupees and with imprisonment which may extend to 2[three months] 3[and where such gaming consists of wagering or betting or of any such transaction as is referred to in definition of gaming given in section 3, any such person so found gaming shall, on conviction, be 4[punishable in the manner and to the extent referred to in section 4, and all moneys found with such person shall be forfeited.]
And such Police-officer may seize all birds and animals and 5[thing reasonably suspected to be instruments of gaming] found in such public street, 6[thoroughfare 7[place or race-course]] or on 8[or about] 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 and the proceeds forfeited. 9[When any thing has been on or about any person and a court is satisfied that the Police-officer had-reasonable grounds for suspecting that such thing was an instrument of gaming, such circumstance shall, until the contrary is proved, be evidence that such thing was an instrument of gaming and that the person on or about whom the thing was found was present for the purpose of gaming]
1. This portion was substituted for the portion beginning with the words be punishable with and ending with the words or with imprisonment by Mah, 20 of 1975. s.4.
2. The words “three months” were substituted for the words “one month” by Bom. 1 of 1936.s.
3. The words were added by s.4 of the Bombay Prevention of Gambling( Amendment) Act 1922 (Bom.5 of 1922).
4, The word “Punishable” was substituted for the word “punished’’ by Bom. 1 of 1936, S.9(3)
5. These words were substituted for the words “instruments of gaming” ibid. 9(6).
6. These words were substituted for the word “place or thorough fare” by Schedule 1, Pan II Serial 14 of the Bombay Repealing and Amending Act. 1910 Of Bom 1 of 1910,
7. These words were substituted for the words ‘or place’’ by s.4 of the Bombay Prevention of Gambling (Amendment) Act, 1922 (Bom. 5 of 1922),
8. The word ‘or about” were inserted by Bom. 1 of 1936, s.9(6).
9. This paragraph was added, ibid. s. 9(7).
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