42. — If a member of the Garda Síochána is obstructed or impeded in entering any place or premises or any part thereof in the exercise of his powers under this Act or if F48[any gaming instrument or gaming machine, being a gaming instrument or gaming machine] capable of being used for unlawful gaming, is found therein it shall be assumed until the contrary is proved that that place or premises was or were being kept for unlawful gaming.