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2008 Supreme(Bom) 1490

BILAL NAZKI, A.A.KUMBHAKONI
Sunny Kamalsingh Mathur – Appellant
Versus
Office of the Commissioner of Police for Greater Mumbai – Respondent


Advocates appeared
Mr. M.M. Vashi for the Petitioner
Dr. F.R. Shaikh, Additional Public Prosecutor, for the State.

JUDGMENT (Per Bilal Nazki, J.)

1. Rule. Heard forthwith. Respondents waive service.

2. An order passed by the Commissioner of Police in terms of Section 18 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as “the Act”) has been challenged in this petition. By the order under Section 18(1)(b), the Magistrate directed the petitioner that during the period of one year from the date of the order, he shall obtain his previous approval before leasing / letting out or handing over the possession of the said premises to any other person. This order was passed after a show-cause notice was given to the petitioner, and he was heard.

3. The allegations against the petitioner were based on a report received by the Magistrate / Commissioner from the Senior Inspector of Police, Anti Trafficking Cell. The material placed before the Commissioner / Magistrate revealed that on 28th August, 2007, the premises, Bungalow No. 27, 1st Floor, Dr. Ambedkar Road, Pali Village, Khar (West), Mumbai, were raided and searched under Section 15 of the Act by the Special Police Officer. During the raid, the petitioner was found along with his associates (pimps) carrying on prostitution by keep














































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