The main legal point established in the judgment is the application of MCOCA in cases involving organized criminal activities, specifically in the context of prostitution and immoral trafficking.

SURESH KAIT, J

1. Vide the instant petition, the petitioner has sought to quash the charge-sheet arising out of FIR No. 54/10 under Section 3 MCOCA registered at PS-Saket, New Delhi and also sought to set aside the order on charge dated 03.08.2011 and framing of charge dated 10.08.2011 passed by ld. Addl. Sessions Judge-01, South District, Saket Court, New Delhi.

2. The brief facts of the case are that on information being received that there was a racket of prostitution in the area, involving Immoral Trafficking, therefore informers were deputed to develop this information.

3. On 25.02.2010, while the SHO was present in the Office, informer came at the office at 8.40 PM and informed that pimps would be coming in Honda cars at PVR Saket Complex around 10 PM and would offer girls to the customers for prostitution. This information was passed on to Sh. Meher Singh, ACP, Hauz Khas, who directed to constitute a raiding party immediately. Accordingly, a raiding party comprising of Sh. Pankaj Singh, SHO of PS-Saket, Inspector Dharam Dev, Inspector Ram Kumar, SI Dalip Kumar, SI Praveen Kumar, SI Sanjay Sharma along with other staff, was formed.

4. Accordingly, SI Sanjay Sharma was detailed as decoy customer and SI Dalip Kumar was detailed as shadow witness. Accordingly, the raiding party took their position. At around 10 PM, one Honda City Car, bearing registration no. DL-7CF-2115 and Honda Civic Car vide registration no. DL-4CAA-0300, came and stopped opposite PVR. For the purpose, SI Sanjay Sharma was deputed and nothing left with him, except five notes of denomination of Rs.1,000/-were handed over and was briefed accordingly, to strike a deal with the pimps for procuring girls and to make a signal after the deal is finalized.

5. At around 10.30 PM SI Sanjay Kumar made a signal on which two males and 6 females were apprehended from the above mentioned cars. They were identified as (1) Shiv Murat Dwivedi @ Shiva @ Rajeev @ Swamiji (2) Praveen Kumar (3) Shalini Gautam (4) Shashi Pabha (5) Raina Singh (6) Riya Sharma (7) Seema Chakravarti, (8) Ashu Dubey.

6. In the Honda City Car no. DL-7CF-2115, Shiv Murat Dwivedi / petitioner was along with three girls namely Shashi Prabha, Shalini Gautam and Raina Singh, and in Honda Civic Car no. DL-4CAA-0300 Praveen Kumar was present with girls namely Seema Chakravarty, Ashu Dubey and Riya Shrma. SI Sanjay Sharma, the decoy customer stated that first he went to Honda City Car and asked for two girls from petitioner, who offered three girls, sitting in the Car, for sexual purpose and demanded Rs.15/15 thousand each for Shashi Prabha and Raina Singh and Rs.25,000/-for Shalini Gautam. All the above mentioned girls offered themselves for sex and assured to satisfy sexually.

7. The aforesaid decoy customer chose Shalini Gautam and then Shiv Murat Dwivedi / petitioner asked him to chose a girl from Honda Civic Car no. DL-4CAA-0300, parked nearby. Praveen Kumar was present in the car and offered three girls namely Seema Chakravarty, Ashu Dubey and Riya Sharma for sexual purpose and told him that to have sex with them Rs.10,000/-each would be charged. These three girls also offered to have sex with them and assured complete sexual satisfaction. SI Sanjay Sharma, decoy customer accordingly, chose Ashu Dubey.

8. Accordingly, a case for the offences punishable under Sections 4,5,8 of Immoral Trafficking Act was registered through Ct. Sheoda vide FIR no. 47/2010, at PS-Saket. The investigation of the case was assigned to SHO and all the above mentioned persons were arrested.

9. During the course of investigation, Section 3 & 6 of ITP Act were also added. After the arrest of the petitioner and his associates, criminal activities of these persons were studied. It was observed that petitioner has been found indulged in continuing unlawful activities in an organized manner and he has generated a huge wealth to the tune of about Rs.1.5 Crores by these activities. Petitioner was also found involved in the