MANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition filed under Section 482 of the Code of Criminal Procedure, 1973 prays for quashing FIR No. 157 dated 13-9-2000 registered under Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Preventlon) Act. 1956 (for brevity, the Act) registered at Police Station 'B' Division, Amritsar

(2.) A perusal of the First Informatioi Report Annexure P-1 shows that there an serious allegations levelled against, the petitioner who is involved in an immoral activity as she was found undressed in room No. 204 on second floor of Hotel Sita Niwas Amritsar along with one Harjinder Singh. A the time of raid, they were in a compromise position. The allegations further show tha on an information, a raid was conducted bj joining one Baldev Singh son of Jagat Ram resident of Chowk Mann Singh. Balde\ Singh was handed over currency notes o the denomination of Rs. 100/- after prepar ing a memo along with their numbers. Tht same currency notes were recovered frorr personal search of a waiter Bhopal Singl besides other currency notes. The Manage] and the owner of the hotel slipped away anc the search of various rooms was conducted The petitioner along with one Harjindei Singh (many other females were found ir other rooms) and a case under Sections 3 4, 5, 6 and 7 of the Act was registered.

(3.) Mr. D. S. Pheruman, learned counse for the petitioner has argued that if the alle- gations levelled in the First Information Re port are taken to be gospel truth, no offence under Sections 3, 4, 5, 6 and 7 of the Act is made out. According to the learned coun- sel, only a Special Police Officer could con duct the raid and it is nowhere mentionec that the Deputy Superintendent of Police was authorised to do so and, therefore, nc cognizance of the offence under the Act coulc be taken. In support of his submissions, the learned counsel has placed reliance on judgment of the Supreme Court in the case of Delhi Administration v. Ram Singh, AIF 1962 SC 63 and alsc a judgment of Orissa High Court in the case of Sushanta Kumar Patra alias Hemante Kumar Das v. State of Orissa, (2000) 4 Ree Cri R 592