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IN THE HIGH COURT OF ORISSA, CUTTACK
S.K. Panigrahi, J.
Panchanan Padhi - Appellant
Versus
State Of Odisha - Respondent
Bail Application No. 2612 of 2020
Decided On : 29-06-2020
Trafficking - Immoral Trafficking (Prevention) Act, 1956 - Sections 4/5, 370(3), 467, 471, 120B, 34 of the Indian Penal Code - Article 23, 24, 39 (f), Article 51-A(e) - Vishakha Case - United Nations Palermo Protocol - Vishal Jeet vs. Union of India - Bachpan Bachao Andolan vs. Union of India
Fact of the Case:
The accused was allegedly involved in trafficking girls for sexual exploitation and prostitution. The police conducted a raid based on reliable information, rescued the victim girls, and seized incriminating articles. The accused sought bail, claiming false implication, while the prosecution argued that the accused was working in collaboration with others to exploit the victims.
Finding of the Court:
The court found prima facie evidence of the accused's involvement in a trafficking racket and noted the dehumanizing nature of the crime. It highlighted the international and domestic legal frameworks addressing human trafficking and the need for stringent action to combat the menace.
Issues: The issues involved the accused's alleged role in trafficking, the legality of the raid and seizure, and the application of relevant legal provisions to the case.
Ratio Decidendi: The court emphasized the dehumanizing nature of trafficking, the international and domestic legal frameworks addressing human trafficking, and the need for stringent action to combat the menace.
Final Decision: The court granted bail to the accused on the grounds of parity with other co-accused, while directing stringent terms and conditions for bail. It clarified that the observations should not influence the fair trial before the trial court.
Key Points: - The accused was charged under Sections 4/5 of the Immoral Traffic (Prevention) Act, 1956 read with Sections 370(3), 467, 471, 120B and 34 of the Indian Penal Code (!) (!) . - The court granted bail to the accused on grounds of parity with other co-accused, while directing stringent terms and conditions (!) (!) . - Police conducted a raid based on reliable information, rescued six girls, and seized incriminating articles including mobile phones, condoms, and Aadhaar cards (!) (!) (!) . - The victims stated they were forcibly sent to hotels and lodges for sexual exploitation and prostitution by the accused and their associates (!) . - The court noted the dehumanizing nature of trafficking and emphasized the need for stringent action against such crimes (!) (!) . - The accused was alleged to have worked in collaboration with Ibrahim Khan and Ruksar Begum in procuring and exploiting victims (!) (!) . - The court clarified that observations in the bail order should not influence the fair trial before the trial court (!) . - Previous bail orders were noted for co-accused persons in related cases (!) . - The trafficking case involved organized crime syndicates operating across states with links to Kolkata (!) (!) (!) . - The legal framework includes international treaties and domestic laws aimed at combating human trafficking (!) (!) (!) .
JUDGMENT
S.K. Panigrahi, J. - The instant case has once again given an opportunity to this Court to ponder, as to how the opportunistic predators seize upon the vulnerability of some desperate and impoverished girls. The accused herein is allegedly notorious for his aplomb in identifying girls and capitalizing their distress condition but caught red-handed by police. The Petitioner herein has preferred the instant application under Section 439 of the Code of Criminal Procedure vide BLAPL No. 2612 of 2020 against the C.T. Case No. 379 of 2020 pending before the court of the Learned SDJM Bhubaneswar (T), CSI, Bhubaneswar for alleged offences punishable under Sections 4/5 of the Immoral Trafficking (Prevention) Act, 1956 read with Section 370 (3)/ 467/ 471/ 120B and 34 of the Indian Penal Code. The court of the Addl. Sessions Judge, Bhubaneswar has rejected the application seeking grant of bail vide B.A No. 260 of 2019 filed by the Petitioner herein u/s 439 Cr. PC on 4.3.2020.
2. The factual matrix of the instant case as set out in the F.I.R. is that on 21.01.2020 at around 10:00 AM Shri Alok Kumar Jena, Inspector of Police, STF/informant received information from a reliable source that one Ibrahim Khan and one Ruksar Begaum of Danagohiri, from Pipili, Dist. Puri are regularly trafficking girls from Kolkata and other places and engage them in sexual exploitation for commercial purposes from which he derive income. It was also informed that the girls were being procured from Kolkata and they were housed in a rented house at Bishnukunj Ratha Road, PS-Shree Lingaraj, Bhubaneswar. They were being exploited at the instance of Ibrahim Khan and Ruksar Begum. These girls were forcefully sent to various hotels and lodges where they were subjected to sexual abuse and exploitation. Upon receiving such information, the informant apprised the Superintendent of Police, STF, Bhubaneswar who recorded the said facts vide Station Diary Entry No. 4 dated 21.01.2020 and directed the informant to reach the spot along with a team of police officers including some lady officers to conduct the raid.
3. Accordingly, the informant accompanied by a team of police officers including some lady officers proceeded to the aforementioned house where the kingpin Ibrahim Khan and his wife were residing. After reaching at the said house, which is a double storied building, they gheraoed the said building to prevent the egress or ingress by anyone. The informant proceeded to the first floor and knocked at the door of the first room and in response to the same one of the girls opened the door and he could notice the presence of six girls in the room. He, thereafter disclosed his as well as his team's identity by showing their Identity Cards and asked for production of their identity cards. The six girls disclosed their respective identity and they were stated to have been brought from Kolkata by alluring them to work in some beauty parlors in the city.
4. Before conducting the said raid, the informant secured the presence of two respectable persons of the locality as witnesses to the search and seizure operation. Thereafter, while conducting the personal search of the girls by the lady police officers, they found six mobile phones, thirty unused condoms etc. Those articles were seized in presence of the seizure witnesses and a seizure list was prepared on the spot which was duly signed by the witnesses as well as the victims.
5. During examination of the victims, they revealed that the aforesaid Ibrahim Khan and Ruksar Begum and certain other unknown persons have procured them from Kolkata and on some false pretext of employment in beauty parlors forced them into sexual slavery and prostitution. As per victims' statement made under Section 161 of Cr. P.C. the present petitioner was forcibly sending them to various hotels and lodges and were arranging customers for such illegal act. The Petitioner herein was acting in concert with aforesaid principal accused by making
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