1 Cri.Appln.No.5311/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5311/2010. ( Balaji Sivaji Shinde and Anr. Vs. The State of Maharashtra ) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. Vivek Dhage, Adv. for Applicant/s; Mr. BJ Sonawane, APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 16 th June, 2011. 1) Heard. Rule made returnable forthwith. 2) On 15th August, 2010, alleged gambling house was raided and the accused/applicants were allegedly found indulging in gambling actitivies at the said place. FIR is lodged, taking recourse to Section 12(A) and Section 5 of the Bombay Prevention of Gambling Act, 1887. 3) Learned Counsel for the applicants submits, that the FIR, and even charge sheet vary the timings of alleged raid and second aspect of the matter is, the raid, that has been cairred by the authority concerned, the Inspector, there was no order of search warrant, mandatorily required in terms of Section 6 of the said Act. 4) Without adverting to other recitals and details in the FIR, affidavit of the police officer – Shivaji Dattatraya Kalekar informs in paragraph 8, that till filing of the 2 Cri.Appln.No.5311/2011 charge sheet, there was no search warrant submitted to office of the deponent and on record. Accepting this position as it is, it is explicit that the prosecution against the accused/applicant was without following mandatory procedure in terms of Section 6 of the above Act. Consequently, the FIR to the extent of the accused/applicant is quashed. Rule made absolute as above. (K.U.CHANDIWAL) JUDGE bdv/