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DEEPAK GUPTA
Mehar Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. overview of arrest and allegations (Para 1 , 2) |
| 2. claims of illegal search and abuse of law (Para 3 , 4) |
| 3. interpretation of section 5 of the act (Para 5 , 6) |
| 4. violation of search procedures outlined in the act (Para 7 , 8) |
| 5. quashing of fir due to procedural violation (Para 9 , 10) |
JUDGMENT
Mr. Deepak Gupta, J.
Prayer in this petition is to quash FIR No.267 dated 21.09.2018, registered at Police Station City, Khanna, under Section 13-A of the PUBLIC GAMBLING ACT , 1867 (hereinafter referred as 'the Act') (Section 120-B IPC added later on) along with all subsequent proceedings.
2. As per allegations, on 21.09.2018, ASI Dimple of Police Station, City Khanna along with other police officials was present near Ambika Medical Store, opposite bus stand, Khanna, for patrolling, when they received a secret information against the petitioners that they are involved in betting and earn commission and for that purpose they had kept agents, who collect money for them. It was further alleged that they had kept an Accounts Clerk Vijay to maintain the betting accounts. It was also informed that on that day, Gurdev Singh (co-accused) was coming to give them cash received as betti
The investigation in a non-cognizable offence at the hands of the police without permission of the competent Magistrate is impermissible.
The court affirmed that offences under Section 13 of the Public Gambling Act are cognizable, allowing police to conduct investigations without a magistrate's prior permission, contrasting them with n....
Point of law: illegal gambling - No compliance of Section 155(2) CR.PC required - requisition was given to the learned Magistrate and obtained the permission from the learned Magistrate, the FIR is r....
The provisions of S.5 of the Andhra Pradesh Gaming Act permitting both Magistrates and Police Officers to issue search warrants are constitutionally valid as they serve legitimate law enforcement obj....
The main legal point established in the judgment is that the court has the authority to quash an FIR if the allegations do not prima facie constitute an offence or make out a case against the accused....
The court established that licensed bookies must adhere to the terms of their licenses, and allegations of illegal betting and tax evasion can lead to criminal liability under the Karnataka Police Ac....
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