Under Section 18(1) of Immoral Traffic (Prevention) Act, Magistrate can order preventive closure/eviction of brothel premises near public places without owner's conviction under Sections 3 or 7, after show cause notice; distinct from post-conviction Section 18(2). (32 words)

JUDGMENT :

MEHROZ K. PATHAN, J.

1. The Petitioners have filed the present petition challenging the order dated 21.07.2025 passed by the Sub- Divisional Magistrate, Shirdi, whereby the Petitioners were evicted from the premises owned by them in exercise of powers under Section 18 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as the ‘PITA Act’), and the premises of Hotel Shirdi Sai Inn were directed to be closed for a period of one year.

FACTS :

2. An FIR bearing No. 1112/2023 is registered with the Shirdi Police Station, Ahilyanagar on 21/12/2023 under Sections 3, 4, 5, 7 and 8 of the Immoral Traffic (Prevention) Act, 1956. In the FIR it is alleged that the Informant is serving as a Police Constable at Shirdi Police Station. On 21.12.2023, Police Inspector Sopan Shirsath called the Informant along with other police personnel and informed them that Superintendent of Police, Shirdi Division, Shri Sandip Mitke had received confidential information that within the jurisdiction of Shirdi Police Station, at a hotel on Pimpalwadi Road, an individual was running a prostitution racket under the guise of a "Spa Centre." It is alleged that, acting on this information, Police Inspector Shirsath summoned two panch witnesses, namely Bhausahib Arjun Bade and Siddharth Bharat Surana. Thereafter, he also summoned one person, Vishal Shivprasad Verma, to act as a decoy customer. It is alleged that Police Inspector Shirsath handed over Rs. 500/-in four currency notes to the decoy customer and instructed him to hand over the said money to the person conducting prostitution in the name of Spa Centre, demand a woman for sexual intercourse, and after obtaining such a woman, give a missed call to him. It is alleged that Police Inspector Shirsath, along with the police staff, both panch witnesses, and the decoy customer, proceeded in a government vehicle and one private vehicle, carrying a laptop, printer, and other material required for preparing the panchanama. It is alleged that at Pimpalwadi, Dattanagar, the vehicles were halted and the decoy customer was sent inside Hotel Sai Inn, where the Spa Centre was allegedly being operated. After about 15 minutes, Police Inspector Shirsath received a missed call from the decoy customer.

. It is alleged that, at around 16:25 hrs, the police staff along with the panch witnesses entered Hotel Sai Inn, Pimpalwadi Road, Shirdi. Inside, one woman was found sitting, who on inquiry in the presence of panch witnesses disclosed her name as Sheetal Hardik Chaudhary. She was informed about the purpose of the search. On further checking, in one of the rooms, the decoy customer was found with another woman, who disclosed her name as Nuri Mehbub Syed, resident of Chitta Camp, Karbala Maidan, D-Sector, F-Line Slum, Khadi, Mankhurd East, Mumbai, and working at the Spa Centre. On her person, one mobile handset was recovered, and under the bed, four packets of Manforce brand condoms were found.

3. It is alleged that, upon further search of the premises, three more women were found, namely:

1. Shabana Salimuddin Shaikh, age 30, resident of Garib Nagar Slum, Room No. 26, Bandra East, Mumbai.

2. Ruksar Imran Ansari, age 24, resident of Nehru Nagar Chawl, near Anjuman High School, Kurla East, Mumbai.

3. Ganga Gorakhnath Khandare, age 33, resident of Akhada Balapur, Taluka Kalamnuri, District Hingoli.

. It is alleged that from each of them one mobile handset was recov