section 12
Power to arrest, without warrant for gaming, and setting birds and animals to fight in public streets. Seizure and destruction of instruments found.
The Gujarat Prevention of Gambling Act, 1887A Police Officer may apprehend 58[and search] without warrant—
(a) any person found 59[gaming] 60[or reasonably suspected to be gaming] in any public street, 61[through fare, or in any place to which the public have or are permitted to have access] 62[or in any race-course];
(b) any person setting any birds or animals to fight in any public street, 61[or thoroughfare, or in any place to which the public have or are permitted to have access];
(c) any person there present aiding and abetting such public fighting of birds and animals.
Any such person shall, on conviction, be 63[punished both with fine] which may extend to 64[three hundred rupees], 66[and with imprisonment] which may extend to 66[three months] 67[and where such gaming consists or wagering or betting or of any such transaction as is referred to in the definition of gaming given in section 3, any such person so found gaming shall, on conviction ,be 68[punished in the manner] and to the extent referred to in section 4, and all moneys found with such person shall be forfeited.]
And such Police-officer may seize all birds and animals and 69[things reasonably suspected to be instruments of gaming] found in such public street 70[through fare], 71[place or race-course], or on 72[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. 73[When any thing has been found on or about any person and a court is satisfied that the Police-Officer had reasonable grounds for suspecting that such thing was an instrument of gaming, such, circumstance shall, until the contrary is proved, be evidence that such thing was an instrument of gaming and that the person on or about whom the thing was found was present for the purpose of gaming.]
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