Excelsior Correspondent
JAMMU, Mar 22: Principal Sessions Judge Jammu Sanjay Parihar has held that absence of notification bars police to register FIR under Gambling Act.
The order has been passed in revision petition filed by Boby Sharma, who claimed that he worked as Manager of Hotel Ocean Grand situated at Jewel Chowk Sant Market, Jammu, which is owned by one Mohinder Singh.
On the intervening night of 16th/17th of December, police raided the hotel and arrested Kashmiri boys who were indulging into gambling. Even the Manager was included in the FIR as one of the accused.
After hearing Advocate Vishal Kapur for the petitioner, the court observed, “the initial action of the police agency of registering FIR against the petitioner in absence of any notification regarding enforcement of Section 3/4 of the Gambling Act in the area where petitioner was working was highly improper”.
“Because law would come into operation and its violation would be tackled only in accordance to law in force for the time being. In absence of their being any notification under Section 2 of the Act, the Police Station Nowabad had no power to direct registration of FIR. So much so, there could have been no search warrants in terms of Section 5 of the Act”, the court said.
“This is because until the provisions except Section 13 and 17 are made applicable to the area of the petitioner by way of notification, neither there could be any search warrant nor registration of case under the Act. Being Act of special nature, in terms of Section 5 of the Code was required to be investigated, enquired and tried as per the special law itself but not otherwise”, the court said, adding “once the police has no power to invoke the application of Act of 1867, then there could be no prosecution of the violator. Because the initial action is not in consonance with law, resultantly, all consequential actions must fail”.
“Having regard to the controversy involved, it is desirable that copy of the order be sent to Director General of Police (J&K) with the request that the matter be taken up with concerned quarters for issuance of notification in terms of Section 2 of the Act, enabling the police agency to process such cases in accordance with law and until any such notification is issued, Incharge Police Stations connected with the enforcement of law, shall be directed not to register such cases”, court ordered.
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