(1) Any police offloer may arrest without warrant any person who in any street or thoroughfare or place to which the public have access and within the view of such police officer—-
(a) solicits or collects stakes for the game of it or any other game or pretended game of a like nature; or
(6) plays for money or other valuable thing with any instrument of gaming; or
(c) sets birds or animals to fight; or 634 THE GAZETTE OF INDIA EXTEAORDINABY [PART U
(d) being there present, aids and abets such public fighting of birds or animals; or
(e) commits an bflenoe punishable under clause (d) of section 5.
(2) Any instruments of gaming or any other thing, whiuh under the provisions of section 8 may be seized in a betting ofiico, may be seized if found in such street, thoroughfare or place or on the persons of those who are arrested under sub-section (1).
8. Power to enter and authorize police officer to enter and search any Suspected house, etc.—(1) If the district magistrate, or any magistrpta of the first class or any other magistrate specially empowered by the Chief Commissioner 'in this bebalf, or the district superintendent of police, on credible information or on any other sufficient grounds, and after such inquiry as he may think, necessary, has reason to believe that any place is used as a common gaming-house, he may eiiher himself do any of the following acts or, by warrant, authorise any police officer not below th • rank of assistant sub-inspector of police to—•
(a) enter, within seven days from the date thereof, witl such assistance as may be found necessary, by night or by day and by Eoice if necessary, any such place;
(6) take into custody all persons whom he finds therein whether they aro then aotually gaming or not;
(o) Hoize all instriiTiu nls of gaming, all moneys and articles of value, reasonably suspected to have been used or intended to be used for the purpose of gaming, which are found therein; and
(d) search all parts of the place, which he shall have so entered, when he has reason to believe that any instruments of gaming are concealed therein, and also tho persr-ns of those whom he has taken into custody; and .seize and lake possession of all instruments of gaming found upon such search.
(2) All searches under sub-section (1) shall be made in accordanoe with the provisions of sub-section (3) of section 102 and of section 108 of the Code.
(3) When any place is entered under sub-section (I) by a police officer, he shall, without undue delay after the completion of the proceeding under that sub-section, submit a report of such proceedings together with the warrant, if any, to a magistrate who has jurisdiction to take cognizance of any offence which appears to have been committed and take or send to Huoh magistrate the persons arrested and the articles seized:
Provided that the police officer may release the persons so arrested on bail or on their own recognizances conditioned to appear before such magistrate: nnd
Provided further that if no person is arrested, the police officer shall iubmit a report of his proceedings to a magistrate who issued the warrant, B any.