PREVENTION OF GAMBLING ACT ,1977 , BY MIAN ASHRAF ASMI ADVOCATE HIGH COURT, HUMAN RIGHTS ACTIVIST

 

PREVENTION OF GAMBLING ACT ,1977

ACT XXVIII OF 1977

MIAN ASHRAF ASMI

ADVOCATE HIGH COURT

                            An Act to provide for the prevention of Gambling

                 (Gazette of Pakistan , Extraordinary , part 1, 25^th may ,1977)

The following Act of parliament received the assent of the president on the21stmay 1977 ,and is here by published for general information .

Where it is expedient to provide for the prevention of gambling . 

And whereas the proclamation of Emergency referred to in Article 280 of the Constitution of the Islamic Republic of Pakistan is in force ,.

It is hereby enacted as follows.

1.Short title ,extent and commencement. This Act may be called the prevention of Gambling Act , 1977 .

(2)it extends to the whole of Pakistan .

(3) it shall come into force at once.

2.Definition. in this Act unless ,there is anything repugnant in the subject or context .

(a)common  gaming –house , means any house ,room tent , enclosure , vehicle , vessel or other place , whatsoever in which any instrument of gaming are kept or used for gaming purpose –

(i)with a view of profit or gain of any person awning occupying or keeping such house room , tent , enclosure vehicle , vessel or other place whether by way of charge for the use of such house , room tent enclosure, vehicle vessel or place or instrument otherwise howsoever , or

(ii)with or without a view of such profit or gain ,if the gaming for the purpose of which such instruments are so kept or used in gaming or any figures or number or dates to be subsequently ascertained or disclosed or on the occurrence or non-occurrence of any natural event ,

(b) gaming includes wagering or betting ,including  a wager or bet made in respect of any horse , mare or gelding running in competition with any other horse , mare or gelding ,or of the rider thereof                

(c) instruments of gaming ,includes any article used or intended to be used as a means or appurtenance of , or of carrying on or facilitating gaming and any document used as a register or record or evidence of any gaming ,and .

(d) prescribed means prescribed by rules made under this Act .

3.Penalty for owning or keeping or having charge of a common gaming house . (1) whoever -----

(a) being the owner or occupier, or having the use of any house room ,tent enclosure ,vehicle ,vessel or other place ,keeps or uses ,or knowingly or willfully permits the same to be occupied kept or used by any other person as a common gaming-house or

(b) has the care or management or in any manner assists in conducting the business ,of any common gaming house ,or

(c) advances or furnishes money for the purpose of gaming –house , shall be punished with imprisonment for a term which shall not be less than one month nor more than one year , or with fine which shall not be  less  than one hundred rupees nor more than one thousand rupees ,or with both.

(2)  in a prosecution under sub – Section (1), it shall not be necessary to prove that the person found playing was playing for any money , wager or stake ,.

4.Penalty for being found in common gaming –house .(1)whoever is found in any common gamin-house playing or gaming with cards ,dice ,counters ,money or  other instruments of gaming ,or for the purpose of gaming ,whether for any money ,wager or stake or otherwise shall be punished with imprisonment for a term which may extend to one year ,or with fine which may extend to five thousand rupees or with both.

(2)Any person found in any common gaming –house during any gaming or playing there in shall be presumed, until the   contrary be proved, to have been there fo the purpose of gaming .

5.Penalty of gaming in a public place .Whoever is found gaming in any public place ,street or thoroughfare ,shall be punished with imprisonment for a term which may extend to one year , or with fine which may extend to five hundred rupees ,or with both .

Site plan prepared by police established beyond any doubt that place of alleged gambling was inside the house of petitioner ,which fact was even supported by the contents of ir where in word , Baithak , was used .this implied that the said room was located inside the house from where the petitioner and others were apprehended by the police .s.5was not applicable as it was only restricted to cases of gaming in the public pace , street or a thoroughfare . Raid was conducted in violation and disregard of the mandatory provisions of the Ordinance 1978 PLJ 2007 CRC (LAHORE) 496.

6.Penalty for gaming in private place etc . Whoever is found gaming in any house .room tent ,enclosure ,vehicle ,vessel or other place shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees , or with both .

7.Enhanced punishment for subsequent offences .Whoever having been convicted of any offence under this Act ,again commits any such offence shall be punishable for every such subsequent offence with imprisonment for a term which may extend to three years, or with fine which may extend to two thousand rupees ,or with both .

8.Power to enter and search .if a District Magistrate ,Sub Divisional Magistrate ,Magistrate of the First Class upon information and after such in inquiry as he thinks necessary ,has reason to believe that any place is used as a common gaming –house ,or  that an offence under Section 6 is being committed at or in any place ,he may .

(a)enter such place at any time with such assistance as he may require and using such force as may be necessary .

Provided that ,if such place is in the actual occupancy of a woman who according to custom ,does not appear in public ,the officer so entering such place shall give notice to her that she is at liberty to withdraw and ,after allwing reasonable time for her to withdraw and giving her reasonable facility for withdrawing ,may enter the place .

(b)search such place for any instrument of gaming  kept or concealed therein ,and also the person of all those who are found in that place ,except the woman .

(c) seize and take possession of gaming moneys and securities of money and articles of value reasonably suspected to have been used or interded to be used for the purpose of gaming which are found therein or upon any person found therein and

(d) take into custody all person ,except woman ,found in that place whether or not than actually gaming .

9.Presumption with respect to common gaming –house and persons present therein .when any cards ,dice ,gaming –tables gaming clothes gaming –boards or other instruments of gaming are found in any house ,room ,tent ,enclosure ,vehicle vessel or other place entered or searched under the provisions of Section 8.or upon any person found therein it shall be presumed until the contraty is proved ,that such house room ,tent enclosure ,vehicle, vessel or other place is used as a common gaming –house and that any person found therein was there present for the purpose of gaming ,although no play was actually seen by the officer making the entry or search .

10 .Tender of pardon to n accomplice . Any person who shall have been concerned with any gaming contrary to this Act and who shall be examined as a witness before a Magistrate on the trial of any person for a breach of any of the provisions of this Act relating to gaming and who upon such examination ,shall in the opinion of the Magistrate makes ture and faithful discovery to the best of his knowledge of all things as to which he shall be so examined mshall thereupon receive from the said Magistrate a certificate in writing to this effect and shall be freed from all prosecution under this Act for any thing done before that time in respect of such gaming .

(11.Saving . Nothing in this Act shall apple to games played ina Tourist complex which is established and maintained under and in accordance with the terms of ,a  licence granted by the provincial Government and to which only foreigners are admitted .

12.Act to override other laws ,etc .(1) this shall have effect notwithstanding anything contained in any other law for the time being in force .

(2)The following enactment are hereby repealed namely .

(a)The Baluchistan prevention of Gambling ordinance 1961(W.P. Ordinance 1 o 1961)

(b)The West Pakistan prevention of gambling ordinance 1961(W.P .Ordinance 1of 1961)

(c)the Punjab prevention of gambling Ordinance , 1961 (W.P ordinance 1of 1961)and

(d)The sindh prevention of gambling ordinance , 1961 (W.P Ordinance 1 of 1961)

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