Why jail for bailable offence, HC asks cops

The Bombay high court has questioned the justification behind taking into custody four citizens, including a law graduate, for being in possession of a pack of cards at their house and later, after having charged them with a bailable offence under the Bombay Prevention of Gambling Act.

A division bench comprising justice VM Kanade and justice PD Kode, observed, “The situation seems to be getting out of hand. We are coming across such situations on a regular basis.”

The court was hearing a petition filed by four friends from Saki Naka, who were charged with running a gambling den at their house.

According to the petition, during a dahi handi rally on August 22 last year, an Amol Patel overheard the four friends’ conversation about their plan to play cards at their house. Patel, who allegedly runs a gambling den, invited them to his club. But, they turned down his offer. That evening, a police officer, Hargude, raided the friends’ house and seized Rs79,000 in cash during a search.
 
Advocate BM Ganu said, “The police threatened that if they did not give up the cash, they would be arrested under gambling charges.”

Upon the four men’s refusal, they were arrested and released on bail the next day.

The HC bench asked the police why the four men were put behind bars for a bailable offence (gambling). “Either they don’t know the legal provisions or they are doing it for some other purpose. I don’t think they are not aware of legal provisions,” it added.

The court then directed the senior police inspector to appear before the bench at the next hearing a week later.