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1963 Supreme(P&H) 158

D.K.MAHAJAN, SHAMSHER BAHADUR
Ram Kali – Appellant
Versus
A. C. Agarwal – Respondent


Judgment

D.K.Mahajan, J.

1. This order must be read in continuation of out order dated the 23rd July, 1963. By this order, Criminal Writ Petitions Nos. 3-D, 4-D, 5-D, 6-D, 7-D, 10-D and 12-D of 1962 will stand dispose of.

2. In order to determine the vires of Section 18 of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (No. 104 of 1956) -- hereinafter referred to as the Act -- we issued notice to the Attorney General of India Shri S. V Gupta, Additional Solicitor General, appeared on behalf of the Attorney General and addressed us on the question of the vires of Section 18 of the Act.

3. The argument advanced by the teamed counsel is that Section 18 of the Act is directed against premises and not persons and therefore, it cover a separate field than that which is covered by Section 7 of the Act. It was also maintained that it action taken under Section 18 in the first instance it does not debar the Magistrate from taking action under Section 7. It was however, conceded, and rightly, that there is no provision in the Act which makes it incumbent upon the Magistrate having taken action under Section 18 to necessarily take action under Section 7. He may or may not take








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