L.K. GRACY Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. A. M. Bora, learned Sr. counsel along with Mr. D. K. Baidya, learned counsel who has submitted that the petitioner herein is the wife of the accused Bernard N. Marak, who was arrested in connection with Tura Women PS Case No. 105(07) 2022 under Sec. 3/4/5/6/7 of the Immoral Traffic (Prevention) Act, read with Sec. 370(3) IPC on the basis of an FIR lodged by SI F. S. Sangma of Chandmari Beat House before the Officer-in-charge Tura Women Police Station, West Garo Hills District.

(2.) The events which led to the arrest of the accused, husband of the petitioner emanates from a raid conducted by the police on 22/7/2022 at about 6:30 pm at Edenbari in the farm house of the accused person, popularly known as Rimpu Bagan in course of investigation in connection with Tura Women PS Case No. 24(02) 2022 under Sec. 366 A/376 IPC read with Sec. 5/6 POCSO Act.

(3.) In the said raid, it is said that there was a building with many rooms approximately 30 in numbers where many couples were found to have rented rooms for a night for an amount ranging from ? 50/- to ? 1500/- per room. During the raid a huge cache of India Made Foreign Liquor (IMFL) and local wine were recovered and seized from the building. A crossed bow, arrow, kukri and machete were also recovered and seized. There were also found at the place of occurrence many couples in the room and in parked vehicles in the premises in compromising manner. This led to the conclusion that a brothel was running in the said premises for the purpose of earning monetary gain to the owner. The raiding party also recovered five minor children from the PO, four of whom were boys and one girl living in a room. Altogether the police detained about 68 persons found at the Place of Occurrence (PO) which includes about 42 males and 26 females and also 5 caretakers. The 5 minor children were then handed over to the District Child Protection Unit for care and protection.