PREETI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") has been preferred seeking quashing of FIR No. 185 dated 16.8.2012 under Sections 3, 4, 5 of the Immoral Traffic (Prevention) Act, 1956 (for short "the Act") and Sections 420 and 377 of the Indian Penal Code (for short "IPC") (Annexure P -1) and proceedings emanating therefrom.

(2.) THE sole submission made by counsel for the petitioner is that the Assistant Commissioner of Police, Model Town, Jalandhar, is not competent to conduct investigation in regard to offences registered under the Act as the investigation in these cases can be conducted by a Special Police Officer appointed in this behalf by the State Government in compliance with the provisions of Section 13 of the Act. It is further argued that the Department of Home Affairs and Justice (Judicial Branch), Government of Punjab issued notification No. 14/129/2003 -3 Judl. 1/5042 dated 22.12.2003 in exercise of powers conferred by Sub Section 3 of Section 13 of the Act and as per the said notification, the Assistant Commissioner of Police has not been appointed as a Special Police Officer. It is further argued that in view of the notification, Deputy Superintendent of Police (for short "DSP") (Detective) and DSP (Crime Wing) are appointed as Special Police Officers and no other DSP is appointed as such to be Special Police Officer for dealing with offences under the Act in a specified area. It is strenuously argued that the investigation conducted by an officer other then Special Police Officer is vitiated, therefore, the proceedings are liable to be quashed. In support of his contention, he has relied upon Delhi Administration vs. Ram Singh : AIR 1962 Supreme Court 63, Mumtaz alias Behri vs. The State (Govt. of NCT Delhi) : 2003 Crl. L.J. 533, Smt. Jaya Rama Gauda and others vs. State of Maharashtra : 2013 (1) RCR (Criminal) 420 and Joseph vs. Sub Inspector of Police : 2003(4) RCR (Criminal) 802.

(3.) IN pursuance of this order, Dhanbir Singh Bains, Principal Secretary, Home, Government of Punjab, Department of Home Affairs and Justice, Chandigarh filed his affidavit which is exactly copy of the reply by way of affidavit of Sarabjit Singh, Assistant Commissioner of Police, Model Town, Jalandhar dated 14.5.2013. Later, another reply by way of short affidavit of Sarvjit Singh, Secretary to Government Punjab, Department of Home Affairs and Justice was filed and a relevant extract therefrom reads as follows: -