Bombay High Court Upholds Closure of Alleged Brothel Near Sai Baba Temple Without Requiring Prior Conviction

In a significant clarification on anti-trafficking laws, the Bombay High Court at Aurangabad has upheld an order shutting down a hotel premises in Shirdi for one year after finding it was allegedly operating as a brothel within prohibited distance of public institutions. Justice Mehroz K. Pathan dismissed the owners’ challenge and ruled that Magistrates retain independent power under Section 18 (1) of the Immoral Traffic (Prevention) Act to order temporary closure even when criminal proceedings remain pending.

From Confidential Tip-Off to Police Raid at Hotel Sai Inn

The controversy began in December 2023 when Shirdi police received confidential information about prostitution being run under the cover of a “Spa Centre” at Hotel Sai Inn on Pimpalwadi Road. Using a decoy customer who handed over marked currency, officers raided the premises and recovered several women, condoms, and cash containing the marked notes.

An FIR was registered against the hotel owners Anup Ganpat Gondkar and Pramila Gondkar under Sections 3 , 4, 5, 7 and 8 of the PITA Act. The Sub-Divisional Magistrate, Shirdi later issued multiple show-cause notices to the owners before ordering eviction and closure for twelve months under .

Owners Claim Natural Justice Violations and Leave-and-License Arrangement

The petitioners argued they had been denied opportunity because they were out of station for medical treatment. They further contended that the premises had been given on leave and licence to a third party, Kailash Shirsath, who should have been impleaded. Most importantly, they relied on an earlier Aurangabad Bench decision to claim that closure under could follow only after conviction under or 7 of the Act.

The State countered that three separate notices had been duly served through Shirdi Police Station between April 2025 and March 2025, yet the owners never responded. It maintained that (1<|eos|>