SUMANTO GHOSH Vs. STATE OF JHARKH

JUDGEMENT

(1.) Heard Mr. K.K. Ojha, learned counsel appearing for the petitioner and Mr.Binod Singh, learned S.C.(L&C).

(2.) In this application the petitioner has prayed for quashing of the Letter No.583 dated 25.06.2016 passed by the Circle Officer, Pakur in compliance of the order dated 08.06.2016 passed by the Sub-Divisional Officer-cum-Magistrate, Pakur whereby and whereunder the hotel of the petitioner has been sealed.

(3.) It has been stated by the learned counsel for the petitioner that a raid was conducted by the Assistant Sub-Inspector of Police who was not authorized as a Special Police Officer or a trafficking Police Officer in terms of Section 13 of Immoral Traffic (Prevention) Act, 1956. It has also been stated that the hotel was sealed without following the mandatory requirement as envisaged in section 18 of the Act. Learned counsel, therefore, submits that since proper compliance has not been made with respect to the provisions of the Act, the order of the Circle Officer complying with the direction of the Sub-Divisional Judicial Magistrate, Pakur for sealing the premises be quashed and set aside.