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Police need no warrants to raid gambling dens: LHC

Staff Report

LAHORE: A division bench of the Lahore High Court comprising Justice Khawaja Muhammad Sharif and Justice Asif Saeed Khan Khosa on Friday held that under the Police Order 2002, the police acting on reliable information could raid a gambling den without a search warrant.

The bench made this observation while hearing an appeal against a single bench ruling that had quashed an FIR resulting from a Gujrat police raid to a gambling den without search warrants. The single bench had directed the Gujranwala DIG to register a case against the raiding team including DSP Amjad Hussain, Elite Force Inspector Asad Cheema and Sadar SHO Lala Musa for trespass. The police officers had raided one Sabir Shah’s house and had arrested 34 alleged gamblers and recovered Rs 400,000 from them. Sabir Shah moved a petition seeking annulment of the case. He said the police action was illegal because they had no search warrants from a judicial magistrate. The single bench accepted his petition and quashed the FIR.

Inspector Asad Cheema then challenged this order through an inter court appeal. Applicant’s counsel Aftab Ahmed Bajwa said under Section IV (l) of the Police Order, the police could raid a gambling den without seeking search warrants. He also pointed out that the challan of the case was already before the trial court. He said at this stage the FIR could not be quashed.

The bench after hearing the applicant’s counsel set aside the single bench order and directed both parties to approach the trial court for further proceedings.

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