(1) A police officer may arrest and search without warrant—
(a) any person found playing for money or other valuable thing with cards, dice, counters or other instruments of gaming used in playing any game not being a game of mere skill on any public street or thoroughfare or in any place to which the public have or are permitted to have access;
(b) any person setting any birds or animals to fight in any public street or thoroughfare, or in any place to which the public have or are permitted to have access;
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(c) any person present there aiding or abetting such public fighting of birds and animals.
16[(2) Any person who is found gambling under sub-section (1) shall be punishable with imprisonment which may extend to six months or with fine which may extend to seven thousand rupees or with both.
Provided that,—
(i) (a) for the first offence under clause (a) of sub-section (1), such imprisonment shall not be less than ten days and the fine shall not be less than three thousand rupees;
(b) for the second offence under clause (a) of sub-section (1), such imprisonment shall not be less than twenty days and the fine shall not be less than four thousand rupees; and
(c) for the third or subsequent offence under clause (a) of sub-section (1), such imprisonment shall not be less than thirty days and the fine shall not be less than five thousand rupees;
(ii) (a) for the first offence under clause (b) of sub-section (1), such imprisonment shall not be less than fifteen days and the fine shall not be less than three thousand rupees;
(b) for the second offence under clause (b) of sub-section (1), such imprisonment shall not be less than twenty days and the fine shall not be less than four thousand rupees; and
(c) for the third or subsequent offence under clause (b) of sub-section (1), such imprisonment shall not be less than thirty days and the fine shall not be less than five thousand rupees;
(iii) (a) for the first offence under clause (c) of sub-section (1), such imprisonment shall not be less than one month and the fine shall not be less than four thousand rupees; and (b) for subsequent offence under clause (c) of subsection (1) such imprisonment shall not be less than fifty days and the fine shall not be less than five thousand rupees:
Provided further that where such gambling consists of wagering or betting or any such transaction as referred to in sub-clause (b) of clause (2) of section 2, such person shall be punishable to the extent specified in section 4 and all moneys found with such persons shall be forfeited
(3) Any such police officer may seize all birds and animals and things reasonably suspected to be instruments of gaming found in such public street, thoroughfare, place or on 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.
(4) When anything has been found on or about any person and the Magistrate is satisfied that the police officer has reasonable grounds for suspecting that such a thing was an instrument of gaming, such circumstances shall, until the contrary is proved, be evidence that such thing was an instrument of gaming and that the person on or about ---------9-------- whom the thing was found was present for the purpose of gaming.