LAWS(P&H)-2011-1-166

JIWANJOT Vs. STATE OF PUNJAB

Decided On January 14, 2011
Jiwanjot Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This is a petition under Section 482 of Code of Criminal Procedure for quashing of FIR No. 129 dated 07.10.2006 registered at Police Station Beas, Police District Majitha under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 qua the Petitioner.

(2.) The only argument raised by learned Counsel for the Petitioner is that the search was conducted without compliance of provisions of Section 15(1) read with Section 15(2) of the Immoral Traffic (Prevention) Act, 1956. The search party before making a search was required to call upon two or more respectable inhabitants of a locality, at least one of whom was required to be a woman. This having not been done, the proceedings are vitiated and are rendered illegal.

(3.) Reliance has been placed on the judgment of Hon'ble the Apex Court rendered in the case titled as State of Punjab v. Baldev Singh etc., 1999 AIR(SC) 2378(1).