LAWS(CAL)-2014-11-103

ASHOK HAZRA Vs. STATE OF WEST BENGAL

Decided On November 10, 2014
Ashok Hazra Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The judgment and order dated 29.06.2010 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Lalbagh, Murshidabad in S.S.L No. 44/07 S.T. No. 11 of February 2008 G.R. 764/04, T.R. 314/05 acquitting the respondents for commission of offence punishable under Section 3/4/5/6/7 of the Prevention of Immoral Traffic Act, 1956.

(2.) The prosecution case is to the effect that opposite party no.6 runs a hotel named and styled as Arnapurna Hotel situated at Ajimganj City, near Ajimganj Railway Station, Police Station Jiaganj, District Murshidabad. It is alleged that local people had made complaints against such immoral activities of opposite party no.6. On the basis of such complaint, raid was conducted at the premises by Sri Bhaskar Goswami, C.I. of Police, Lalbagh, Murshidabad on 12.01.2004 at about 14:30 hours along with other Officers attached to Jiaganj Police Station. In course of raid it was found that opposite party nos.2, 3 and 4 had been procured by the opposite party no.6 for the purpose of carrying on prostitution in the said Hotel and the opposite party nos.4 and 5 were found to be present in the said Hotel as customers. The raiding party arrested the aforesaid persons, seized incriminating articles from the Hotel and on the basis of the written complaint of Bhaskar Goswami, C.I. of Police, Lalbagh, Murshidabad Jiaganj Police Station Case No. 63 of 2004 dated 13.10.2004 under Sections 3/4/5/6/7 of the Prevention of Immoral Traffic Act, 1956 was registered for investigation.

(3.) In conclusion of investigation, charge-sheet being Charge-sheet No. 83/2004 dated 26.12.2004 under Sections 3/4/5/6/7 of the Prevention of Immoral Traffic Act, 1956 (hereinafter referred to as the Act of 1956) was submitted before the Court of the learned Sub-Divisional Judicial Magistrate, Lalbagh, Murshidabad. The case was committed to the Court of Sessions and transferred to the Court of learned Additional Sessions Judge, 3rd Fast Track Court, Lalbagh, Murshidabad for trial and disposal.