PHARISA PROMRIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have preferred these three misc. petitions seeking quashing of FIR No. 391/2017 registered at P.S. Kotwali, Bhilwara under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956 (for short referred to herein after as 'PITA Act').

(2.) Learned counsel for the petitioners jointly submit that the Circle Officer was not authorised under the PITA Act to have conducted the search and seizure proceedings. They relied upon the judgment of this Court in the case of Pankaj Bansal and Anr. v. State of Rajasthan reported in 2018 (1) Cr.L.R. (Raj.) 1, which reads as under:-

(3.) As per the petitioners, the very basis of criminal prosecution goes away as for trying the offence under Sections 3, 4 and 5 of the PITA Act, the concerned officer has to be empowered as a special police officer under the PITA Act so as to authorise him to conduct the search in question and as to in what manner, the petitioner is being linked with the offences alleged.