MOHAMED RAFIQUE SHAIKH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner has approached this Court, praying that the proceeding lodged in L.A.C.No.40 of 1992 registered at Vigilance Branch, C.I.D., under the provision of Section 4(1)(a) of the Bombay Prevention of Gambling Act, pending in the Court of the learned Metropolitan Magistrate, 19th Court, Esplanade, Bombay, be quashed and set aside.

(2.) FEW important facts, which are required to be stated, are as follows;

(3.) ON 9th January, 1992, the officers of the Respondents entered the premises of the petitioner where he was running the business of Video Machines, without showing search warrant to him. Panchanama was carried out. The case was registered video L.A.C.No.40 of 1992 of Vigilance C.I.D. Branch. The petitioner was arrested and subsequently released on bail. Thereafter the petitioner applied to the learned Additional Chief Metropolitan Magistrate, 19th Court at Esplanade, Bombay, for return of the machines vide Notice No.18/N of 1992. The learned Additional Chief Metropolitan Magistrate passed a reasoned order date 14th January 1992, on the said application and disposed of the same. He ordered release of the said machines of the applicant-petitioner's furnishing P.R.Bond in the sum of Rs.1,40,000/- and on his furnishing security of Rs.7,000/- each, on the terms and conditions that the applicant should undertake to provide the machines in the same condition whenever required at the time of trial and that the applicant should undertake not to use the said machines for the purpose of gambling. It is against this order that the petitioner has approached this Court praying that the said order be quashed and set aside.