JUDGMENT :

Mangesh S. Patil, J.

In view of incompatible views of the two division benches, following issue has been referred for adjudication by the full bench :

“Whether an Assistant Superintendent of Police - ASP, without having been specially empowered by the State Government - SG, has an authority to exercise power covered by sub-clause (a) to (d) of the Section 6(1) of the Maharashtra Prevention of Gambling Act ?”

2. In the case of Dilip Namdev Irale Vs. State of Maharashtra & Ors.; 2019 SCC OnLine Bom 2514 it was held that Deputy Superintendent of Police who had conducted raid on a gambling house, was not specially empowered by the State Government to effect the raid in view of the specific wording of Section 6 of the Maharashtra Prevention of Gambling Act, 1887 (herein after the Gambling Act) and the raid was, therefore, illegal.

3. Whereas, in the present matters the division bench by the order dated 20.10.2023, referring to the decision of the Supreme Court in the matter of State of Gujarat Vs. Lalsing Kishansingh ; 1980 Cri.L.J. 1413 and a judgment of a division bench of this Court in case of Emperor Vs. Abasbhai Abdulhussein ; AIR 1926 Bom. 195, disagreed with the view expres