KAMLA CHINA Vs. STATE

JUDGEMENT

(1.) In this reference from Additional Sessions Judge, Delhi, among other things vires of Suppression of Immoral Traffic in Women and Girls Act, 1956 (No. 104 of 1956), hereinafter to be referred to as the Act, was challenged. The learned Additional Sessions Judge by his order dated the 5th of September, 1960, relying on some observations in Smt. Shama Bai v. State of Uttar Pradesh, AIR 1959 All 57, recommended that the impugned order of the trial Court dated the 18th of April, 1960, be quashed.

(2.) It is necessary to set out a few facts bearing en the points arising for decision.

(3.) Karala China, a resident in the Light Building, G. B. Road, Delhi, was alleged to be a prostitute. She, in view of the provisions of Section 20 of the Act (Suppression of Immoral Traffic in Women and Girls Act, 1956) was given notice to show cause as to why she should not be directed to vacate her residence and externed from that locality. The learned Sub-Divisional Magistrate, Delhi, after examining the evidence produced in support of the prosecution and the respondent, ordered Kamala China to move herself from the Light Building, G. B. Road, ' Delhi, by 2Sth of April, 1960, and not to re-enter the locality known as G. B. Road without prior permission in writing from the Magistrate having jurisdiction in that area.