High Court Of Delhi
A. K. SIKRI
KAMAL JEET SINGH - Appellant
Versus
STATE - Respondents
Bail Appl. 2033 Of 2006
Decided On : 08/20/2007
Immoral Traffic (Prevention) Act - Prostitution - Sections 4, 5, 8, 420/120-B IPC, 3/4 of Maharashtra Control of Organised Crime Act, 1999 - The judgment discusses the application of the Immoral Traffic (Prevention) Act, the Indian Penal Code, and the Maharashtra Control of Organised Crime Act, 1999. It highlights the use of mobile phones and the association between the accused persons, and the court's decision to dismiss the bail application based on the serious nature of the charges.
Fact of the Case:
The petitioner is facing trial under Sections 4, 5, and 8 of the Immoral Traffic (Prevention) Act, Section 420/120-B IPC, and Section 3/4 of Maharashtra Control of Organised Crime Act, 1999. The case involves allegations of running a prostitution racket, use of mobile phones for coordinating illegal activities, and association between the accused persons.
Finding of the Court:
The court found that the charges against the petitioner are of a serious nature, including running a prostitution racket and association with co-accused persons. The court also noted the use of mobile phones to coordinate illegal activities.
Issues: The issues revolved around the application of the Immoral Traffic (Prevention) Act, the Indian Penal Code, and the Maharashtra Control of Organised Crime Act, 1999, as well as the seriousness of the charges against the petitioner.
Ratio Decidendi: The court's decision was influenced by the serious nature of the charges, the association between the accused persons, and the use of mobile phones for coordinating illegal activities.
Final Decision: The petition for bail was dismissed based on the serious nature of the charges and the association between the accused persons.
( 1 ) THE petitioner herein is facing trial under Sections 4, 5 and 8 of the immoral Traffic (Prevention) Act (in short the 'itp Act') , Section 420/120-B ipc and Section 3/4 of Maharashtra Control of Organised Crime Act, 1999 (in short 'macoca' ). There are certain persons along with the petitioner, who are accused in the aforesaid case. These accused persons, including the petitioner had moved applications for bail before the learned ASJ, who dismissed their applications vide order dated 23. 5. 2006. The petitioner has, therefore, preferred this application seeking his bail. Since the allegations on the basis of which the petitioner is facing trial under the aforesaid provisions are taken note of by the learned trial court in detail and there is no dispute over the same, I may refer to the same hereinafter.
( 2 ) ON 19. 4. 2005 SI Sajjan Singh had information that Kamaljit Singh and his associate Pappi supply girls to clients for prostitution in five star hotels and carry on their business through mobile No. 9810645454. SI Sajjan Singh informed ACP Kumar Gyanesh about the same, who directed him to strike a deal. Therefore, SI Sajjan Singh contacted Phone No. 26109027 of ARC Office Crime branch and upon talking to the person receiving the call identified himself as pappi and agreed to provide girl for sexual purposes for two hours which would cost Rs. 20,000/- and he asked SI Sajjan Singh to call again on the said telephone number after two minutes. Again when SI Sajjan Singh contacted on the aforesaid telephone number he was told that he would meet him outside the main gate of Taj Palace Hotel at 4:00 pm. Pappi demanded Rs. 5,000/- as advance for the chosen stuff. On this information, a raiding party was formed and a DD No. 9 was got recorded regarding the information. The raiding party reached and one person, namely, Charan Singh son of Jagdish Prasad was joined in the raiding party. His personal search was conducted by SI Ashok Kumar and nothing was recovered from the personal search of witness. Thereafter, 10 currency note in the denomination of Rs. 500/- signed by the IO were handed over to the public witness Charan Singh vide a memo. Charan Singh was briefed to enter into a deal for sexual intercourse by using the given currency note as advance and he was directed to give fixed signal, once the deal was struck. SI Sajjan Singh was made a shadow witness to hear conversation carefully between Pappi and Charan singh and also to watch the transaction between them. The staff was also briefed to take position in and around the main gate of the hotel.
( 3 ) AT about 4:15 pm, one Maruti Car No. DL 3cg 0609 stopped at the main gate of the hotel and two girls and a man got down from the car and started conversing with Charan Singh. Five minutes later Charan Singh gave the signal, whereupon IO along with the staff rushed to the car and the man, who was identified as Arvinder Pal Singh @ Pappi was overpowered and the girls were also overpowered by the lady HC Saroj, whose name was revealed as Pooja @ Billi and sonal. The decoy customer Charan Singh clarified that Arvinder Pal Singh @ pappi while presenting both the girls Pooja and Sonali told him that to have sex with them Rs. 20,000/- each would be charged and Rs. 5,000/- had to be paid in advance. Meanwhile, Pooja winked her left eye and stretched herself made gestures presenting herself for sex and Sonali displayed vulgar gestures. Arvinder Pal Singh demanded advance money and Charan Singh handed over the said 10 currency note in the denomination of Rs. 500/- which Arvinder Pal Singh kept in shirt pocket. SI Sajjan Singh also corroborated the fact, who was a shadow witness. Thereafter, on search of Arvinder Pal Singh by SI Ashok he was found in possession of the same 10 numbered currency notes in the denomination of rs. 500/- signed by the IO. The said currency notes were kept in white polythene sealed with the seal of SSY and taken into possession. They were
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