NIJAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The fifth accused before the Additional Chief Judicial Magistrate, Ernakulam in C.C. No.1446/2007 charge sheeted for offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for short, 'the ITP Act') seeks to quash Annexure-I final report in Crime No.282/2006 of Ernakulam Town South Police station on the main ground that the Assistant Commissioner of Police, Kochi City, who submitted final report was not empowered as Special Police Officer under the said Act by the State Government either to investigate or prosecute the accused.

(2.) The contention of the petitioner is that Assistant Commissioner of Police investigated and charge sheeted him and other accused, without him being nominated as Special Police Officer by the notification issued by the State as required by Section 13 of the ITP Act on the relevant date and therefore, Annexure-I report and consequential prosecution proceedings are liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the CrPC').

(3.) The incident in this case was on 06.07.2006. The Circle Inspector of police and party attached to Ernakulam Town South Police Station, Kochi city conducted raid in a building named 'Lake View' situated in Elamkulam village occupied by the fourth accused and found the premises being used as a brothel with the help of first accused, who procured prostitutes for commercial activity. The petitioner was found on the date of occurrence to be indulged in sexual activities with one of such persons procured and accommodated in the brothel.