DHARMANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners - accused Nos.1 and 2, who are sought to be prosecuted under Ss. 3, 4, 5, 9 of Immoral Traffic Prevention Act, 1956 (for short Rs. Act'), are before this Court.

(2.) The case of the prosecution is that, upon receiving an information, a raid was conducted on the lodge belonging to the accused No.2, and it was found that, the immoral trafficking, and prostitution was carried out. The registration of FIR is impugned in this petition.

(3.) The learned counsel for the petitioners - accused Nos.1 and 2 submits that, the Police Inspector of Devadurga Police Station is not the Special Police Officer as specified under Sec. 13 of the Act to conduct an investigation for the offences punishable under this Act, and as such, conducting of investigation is one without authority of law. He further submits that, the Police Inspector, without recording the reasons in writing for not obtaining a search warrant, has conducted the raid as specified under Sec. 15 of the Act.