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2020 Supreme(SC) 935

ROHINTON FALI NARIMAN, S.RAVINDRA BHAT
Downtown Temptations Private Limited – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. R.S. Suri, Sr. Advocate, Mr. Abhishek Singh, Advocate, Mr. Aditya Giri, Advocate, for the Appellant; Mr. Soumya Chakraborty, Sr. Advocate, Mr. Suhaan Mukerji, Advocate, Mr. Vishal Prasad, Advocate, Ms. Liz Mathew, Advocate, Mr. Abhishek Manchanda, Advocate, Ms. Kajal Dalal, Advocate, Mr. Nishit Shah, Advocate, For M/s. PLR Chambers And Co., Advocate, for the Respondent

ORDER

1. Leave granted.

2. Having heard the learned counsel for both sides, the sealing that has taken place of the premises is admittedly for more than one year and not by the Magistrate as required by Section 18 of the Immoral Traffic (Prevention) Act, 1956. Furthermore, the reasoning of the High Court that immovable property can be seized under Section 102, Criminal Procedure Code, is contrary to the law declared in Nevada Properties Pvt. Ltd. vs. State of Maharashtra, 2019 SCC OnLine (SC) 1247.

3. On these grounds therefore, the High Court judgment is incorrect and is accordingly set aside.

4. The appeals are allowed.

5. The premises be handed back to the appellants within a period of one week from the date of receipt of copy of this order.

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