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MAHABIR SINGH SINDHU
X – Appellant
Versus
U. T. Chandigarh – Respondent
JUDGMENT :
MAHABIR SINGH SINDHU, J.
1. Present second petition has been filed under Section 439 of Code of Criminal Procedure, 1973 for seeking bail pending trial in FIR No. 184 dated 12.07.2023 registered under Sections 3, 4, 5, 6, 7 of Immoral Prevention Trafficking Act, 1956 (for short ‘Act’) and Section 370 and 120-B IPC, at Police Station, Sector 36, Chandigarh.
2. Status report dated 03.07.2024 by way of affidavit of Sh. Charanjit Singh Virk, SDPO South West UT Chandigarh filed on behalf of respondent- UT-Chd. is taken on record. Registry to tag the same at appropriate place.
3. Aforesaid FIR was registered on the basis of secret information received by DSP Charanjit Singh Virk, S.D.P.O. (South West), U.T. Chandigarh and translated version of the same, as appended with the petition, reads as under:-
It is requested that today I, DSP with my personnel staff was present in area of Police Station Sector-35/C, CHD for checking. When we reached near KFC Market, Sector-35, CHD, suddenly & coincidently, Inspector Om Parkash SHO PS-36, SI Naveen Kumar I/C 43, L/SI Asha along with Sr. L/C Manpreet Kaur 3411/CP, L/C Shalinee 4503 /CP, C Sunil 4901/CP, C Hansraj 3994/CP, C Sandeep 4974/
The court established that the potential for witness tampering and the seriousness of charges under the Immoral Trafficking Prevention Act are critical factors in bail considerations.
Customers cannot be prosecuted under trafficking laws without evidence of knowledge regarding the exploitation of individuals involved.
Sexual exploitation – In absence of any evidence likely to come on record, securing conviction against accused is impossible and case can be quashed.
At charge framing stage, prima facie material from decoy raid, marked currency recoveries, and scene details suffices to proceed under trafficking provisions despite victim denials of coercion.
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