SANEH LATA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY virtue of the present petition Sneh Lata petitioner seeks quashing of the FIR No. 187 dated 4.12.1993 registered against her at police station Division No. 4, Jalandhar with respect to the offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 and the subsequent proceeding thereto.

(2.) THE relevant facts are that secret information was received that the petitioner has started running brothel and is supplying certain girls in her house after charging money from them. Certain names of the ladies involved in the said offence have been mentioned. It was further mentioned that recently they were indulging themselves illegally in flesh trade and if raid is conducted the men and women can be apprehended red-handed. Deputy Superintendent of Police Sudesh Kumar headed the raid party and raided the place of the petitioner. Certain persons were apprehended.

(3.) LEARNED counsel for the petitioner highlighted the fact that two respectables of the locality had not been joined and one of them necessarily has to be a woman. This is violation of Section 15 of the Act and, therefore, the search was invalid. He further argued that the search and the investigation would only be conducted by the Special Police Officer appointed under the Act. Since, it has not been done, the entire proceedings are vitiated.