Law: North West Frontier Province Prevention of Gambling Ordinance (V of 1978)

Section: 5,6,8

Law: Constitution of Pakistan, 1973

Section: 199

(a) North-West Frontier Province Prevention of Gambling Ordinance (V of 1978)---- ----Ss. 5, 6 & 8---Constitution of Pakistan (1973), Art.199---Constitutional petition---Quashing of F.I.R. ---Requirement of law was that in gambling case only the Magistrate First Class could supervise the raid and conduct the search and could require the assistance of the local police, but in the present case raid was conducted by S.H.O.---Requirements of law having not been complied with, F.I.R. was quashed. (b) Practice and procedure---- --When an action was required to the taken in a particular manner, that could only be taken in that way. JUDGMENT ABDUR RAUF KHAN LUGHMANI, J.-----Qayyum Nawaz and 128 others, petitioners herein, have jointly tiled this writ petition for quashment of F.I.R. No.91 dated 21-2-1998 of Police Station Cantt., D.I. Khan registered under sections 5/6 of the Gambling Ordinance against them. 2. Mr. Dost Muhammad Khan, learned counsel for the petitioners, assailed the registration of the aforesaid F.I.R. on the ground that under section 8 of the N.-W.F.P. Prevention of Gambling Ordinance, 1978, the S.H.O. could not search the premises and register the case, while on the other hand, S. Zafar Abbas Zaidi; Advocate for respondents and Dy.A.-G. for State maintained that the premises were searched after obtaining search warrant from Senior Civil Judge/Judicial Magistrate, D.I.Khan in presence of Riaz Masood, Magistrate vide order dated 20-2-1999. 3. We have considered the arguments of the learned counsel for the parties and perused the record/relevant law. In order to appreciate the contentions of the learned counsel for the parties, it is expedient to reproduce section 8 of the N.-W.F.P. Prevention of Gambling Ordinance, 1978 which reads as under:-- 1. Power to enter and search.--If a District Magistrate, Sub-Divisional Magistrate, Magistrate of the Ist Class upon information and after such enquiry 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…

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