The central legal point established in the judgment is the requirement of specific allegations and evidence to establish an individual's involvement in offenses under the Immoral Traffic (Prevention) Act, emphasizing the distinction between a customer and someone living on the earnings of prostitution.

JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. This revisional application has been filed for quashing of the proceeding invoking power under section 482 of the Code of Criminal Procedure in connection with G.R. Case No. 18 of 2019 corresponding to charge-sheet No. 83 of 2019 dated 25.3.2019 arising out of Section E. Jorasanko Police Station Case No. 04 of 2019 dated 4.1.2019 under Sections 3/4/5/7/18 of the Immoral Traffic (Prevention) Act 1956 (in short I.T. (P) Act) read with Section 120B of the Indian Penal Code presently pending before the learned 15th Metropolitan Magistrate at Calcutta and also for setting aside the order dated 21.3.2019 whereby the learned Additional Chief Metropolitan Magistrate had taken cognizance against the present petitioner, namely, Suresh Babu @ Arakkal Arjunan Suresh Babu.

2. It is the specific case of the petitioner that the petitioner is a nonresidential Indian businessman and in course of such business issues the petitioner visited Kolkata in the month of January, 2019. On 4.1.2019 the petitioner was having a backache and the petitioner was looking for a place where he can get a backache massage and had found a place on the internet and accordingly, the petitioner had reached the place where he found a glowing board read as the name and style of “Snowy Glow Family Saloon and Spa” situated at 131, C.R. Avenue, Kolkata-700073 for having a massage and accordingly, he was provided a room and a masseur. During the session suddenly a raid was conducted and the petitioner was informed by the police officer that the alleged place is involved with certain offences and the petitioner is required for the purpose of investigation. Accordingly, the petitioner along with other staff of the Spa were apprehended and taken to the local Jorasanko Police Station and subsequently, the petitioner was informed that he was arrested in connection with a police case registered against the said Spa for violation of said I.T. (P) Act. Thereafter on 5.1.2019 the petitioner who was accused No. 3 along with co-accused persons were produced before the learned Additional Chief Metropolitan Magistrate at Calcutta and upon hearing, the petitioner was granted ad interim bail.

It is further contended that based on the aforesaid facts, Jorasanko Police Station Case No. 4 of 2019 dated 4.1.2019 was registered for investigation and on completion of investigation the investigating officer submitted charge-sheet being No. 83 of 2019 dated 25.3.2019 and Ld. Magistrate has taken congnizance against present petitioner and other alleged persons under section 3, 4, 5, 7, 18 of I.T. (P) Act read with section 120B of the Indian Penal Code.

3. Learned Advocate for the petitioner has strenuously argued that the petitioner at best can be termed as a customer and accordingly, he cannot be held liable under any of the provisions of the said Act.

4. Learned Advocate representing the State submits that the petitioner was caught red-handed from the brothel and after completion of investigation, the investigating agency has rightly submitted charge-sheet against the petitioner under Sections 3/4/5/7/18 of the said Act, on the basis of materials collected during investigation. The offence under Sections 3 and 4 of the I.T. (P) Act is established when the prosecutrix was enticed away and/or forced to carry on the profession of prostitution.

5. The charge sheet averment discloses that on 04.01.2019, acting upon credible source information a raid was conducted at 131, chittaranjan Avenue, Kolkata-73 by team of AHTU/DD. During raid some incriminating articles were seized from the said brothel after preparing proper seizure list and arrested total 10 (ten) accused persons including 8 (eight) female accused persons. During investigation it could be learnt that accused no. 1 Rupa Das Jaiswal being the owner cum manger of the said brothel, and she is running said brothel for one year and six months and accused no. 2 Amit Jaiswal being the pimp procure customer and sex w