DHANSINGH GOPAL CHAUHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Since common questions of law and facts arise in both the petitions, they were heard together and are being disposed of by this common judgment.

(2.) Having heard at length the learned Advocate for the petitioners and the learned APP on behalf of the respondents, rule in both the petitions, and by consent, the rule is made returnable forthwith. Perused the records.

(3.) In both the petitions, the orders dated 21st August, 2004 purportedly issued in exercise of powers under section 18 (1) of the Immoral Traffic (Prevention) Act, 1956, hereinafter called as the "said Act", are sought to be challenged on the ground that the same are beyond the scope of the provision of law comprised under section 18 of the said Act and, therefore, beyond the powers conferred upon the authority who has passed those orders as well as that the orders apparently disclose non-application of mind by the said authority while issuing the said orders.