SHAJAHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and perused the records. The petitioners are arrayed as accused Nos.2 and 4 in C.C.No.4328/2017 on the file of JMFC (III) Court, Mangalore, for the offences punishable under Sections 3(2A), 4 and 5 of the Immoral Traffic (Prevention) Act, 1956, (hereinafter for short the 'Act').

(2.) On careful perusal of the entire charge sheet, it is the case of the prosecution that on 30.03.2017 in the afternoon at about 2.00 p.m., the respondent - Police have raided an Ayurvedic Massage Centre by name Indian Sandal situated near Shivadeep Residency in Mangalore. The Police found that some people were indulging in prostitution and particularly accused Nos.2 to 4 were the customers who were there engaging in illegal activities. It is specifically alleged that, accused No.1 had been receiving money from accused Nos.2 to 4 and accused Nos.5 to 9 were the persons who were engaged in the said activities as customers.

(3.) This Court had an occasion to deal with the similar set of facts and circumstances and in a catena of decisions, this Court has observed that the customers are not liable for punishment under the said enactment.