Law: Punjab Prevention of Gambling Ordinance, 1978

Section: 6,8

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Prevention of Gambling Ordinance (VII of 1978)--- ---Ss. 6 & 8---Constitution of Pakistan, Art. 199---Constitutional petition---Quashing of F.I.R.---Complainant Sub-Inspector of Police on having received an information about the commission of gambling in a "Baithak" himself conducted the search and arrested the accused and other co-accused, without getting the search warrant and informing the concerned Magistrate---"Baithak" commonly situated inside a residential house was certainly a private place---Said police officer had acted clearly in violation of the mandatory provisions of S. 8 of the Punjab Prevention of Gambling Ordinance, 1978---Availing of the remedy under S. 249-A, Cr.P.C. would be a futile effort just to linger on the agony of the accused---Due to the patent illegality committed by the complainant, registration of the F.I.R. and all the subsequent proceedings including investigation and submission of challan were void ab intio and the same were quashed accordingly. Muhammad Asif v. The State and 6 others 2007 YLR 314 rel. ORDER: SAGHEER AHMED QADRI, JUSTICE:---.--- Through this application under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with section 561, Cr.P.C. petitioner seeks quashing of F.I.R No. 367 of 2010 dated 26-8-2010 under section 6 of the Prevention of Gambling Ordinance, 1978 registered at Police Station City Attock by Safdar Khan, S.I of the said Police Station. 2. The allegations levelled in the F.I.R are that on 26-8-2010 at 4-00 p.m. when complainant-Safdar Khan, S.I along with other Police Officials was present in connection with petrol duty at Madni Chowk Attock City, an informer informed him that a proclaimed offender namely Muhammad Ashfaq son of Abdul Farooq caste Zargar resident of Kamrah presently resident of E-Block, House No. 337 Attock City was present in the "Baithak" owned by Jaboo Shah situated at Civil Bazar where people were gambling, if raided, they could be arrested. On this information he along with the informer and raiding party at 4-00 p.m. raided the "Baithak" owned by Jaboo Shah and found Muhammad Afzal son of Noor Muhammad, Muhammad Safdar son of Noor Muhammad,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492