Early Times Report
Jammu, Mar 22: In a significant ruling, Principal Sessions Judge Jammu, Sanjay Parihar, has restrained the police from registering FIRs under the Gambling Act until a notification is issued. The decision came in response to a revision petition filed by Boby Sharma, the manager of Hotel Ocean Grand in Jewel Chowk Sank Market, Jammu.
Sharma claimed that he was falsely implicated in a gambling case after police raided the hotel and arrested Kashmiri individuals who had booked a room. Despite being assured by the police that the matter would be closed with a fine, Sharma was surprised to find himself included as one of the accused persons.
Judge Parihar observed that the initial action of the police in registering the FIR against Sharma was improper due to the absence of any notification regarding the enforcement of the Gamb “The initial action of the police in registering the FIR against Sharma was improper due to the absence of any notification regarding the enforcement of the Gambling Act in the area where Sharma worked. Without such notification, the police had no authority to register the FIR or conduct raids.”
The court set aside the conviction recorded against Sharma and dismissed the charge sheet. It also ordered that any seized money, if unclaimed, should be forfeited to the state.
The judge directed that a copy of the order be sent to the Director General of Police (J&K) to facilitate the issuance of notifications under the Gambling Act. Until such notifications are issued, police stations and officers are instructed not to register cases under the Act.
The ruling by Principal Sessions Judge Sanjay Parihar underscores the importance of adherence to legal procedures and the necessity of proper notification before invoking special laws. It serves as a reminder of the significance of due process in law enforcement. | 