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1967 Supreme(SC) 220

G. K. MITTER, K. N. WANCHOO, K. S. HEGDE, R. S. BACHAWAT, V. RAMASWAMI
A. C. Aggarwal, Sub Divisional Magistrate, Delhi – Appellant
Versus
Ram Kali – Respondent


Advocates:
B.R.L.Iyengar, G.S.B.BAVA, HARBANS SINGH, R.N.SACH

Judgement

HEGDE, J.: These are companion appeals. They were brought to this Court on the strength of the certificates issued by the High Court of Punjab. The only question that falls for decision in these appeals is whether S. 18 of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (hereinafter referred to as the Act) is ultra vires Art. 14 of the Constitution. The attack on the validity of that section on the basis of Art. 19(1) (d), (e) and (f) was not pressed at the time of the hearing. Hence there is no need to examine the said plea.

2. The first appellant in these appeals Shri A. C. Aggarwal, Sub-Divisional Magistrate, Delhi, issued notices to the respondents in these appeals-except that in criminal appeal No. 82 of 1965-to show cause why the premises occupied by them should not be attached under S. 18 (1) of the Act. Those notices were issued on the basis of police reports that those premises were being used as brothels. In reply amongst other pleas those respondents challenged the validity of S. 18. They moved the learned Magistrate to refer the question as to the validity of S. 18 to the High Court under S. 432 of the Criminal Procedure Code of 1898. As the lear
































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