( 1 ) THIS is a petition by Srimati Prem under Article 226 of the Constitution praying for the issue of a writ in the nature of habeas corpus.

( 2 ) ACCORDING to the averments of the petitioner, she is a young woman of 24 years carrying on the profession of dancing and singing and that she carried on this profession in her house situate in Kabari Bazar in the city of Meerut. On 20-7-1958, the petitioner states, she was taken into custody by the police of Meerut and thereafter sent to a womens protective home at Rajpur in the town of Dehra Dun. The petitioner further alleges that the police purported to act under sections 16 and 17 of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Act no. 104 of 1956) which was passed by the Central Government and which came into force on 1-5-1958. The petitioner has challenged that she is amenable to be dealt with under the aforementioned Act because, according to her, she is aged 24 years and as such she could not be dealt with under the provisions of the Act as the Act, according to the petitioner, could only deal with women or girls who were under the age of 21 years.

( 3 ) THE main contention, however, of the petitioner was that her arrest was illegal inasmuch as, she had not been arrested by a special police officer appointed as such under the provisions of the Act. On the averments made on behalf of the petitioner it appears that she had been arrested by the ordinary police and not by a special police officer as provided for under the Act.

( 4 ) A counter-affidavit was filed on behalf of the State by Shiv Nath Sharma, who was the City magistrate of Meerut and also the Sub-Divisional Magistrate of that area. According to the affidavit of the Magistrate it is clear that the petitioner was arrested by the Magistrate himself and not by any other person or any police officer. From the Magistrates affidavit it is clear that on 20-7-1958, the Magistrate got information from the Station Officer of Kotwali Police Station, meerut, that some girls were being kept for prostitition in a brothel at Kabari Bazar and nil-Ki-Gali in the city of Meerut. On receipt of the aforementioned information the learned magistrate passed the following order:

"as no special police officer has yet been appointed for this district, I shall myself exercise the powers under section 16 of the Suppression of Immoral Traffic in Women and Girls Act. I shall raid the brothel at 9 p. m. today. S. O. Kotwali will please provide necessary help. " in accordance with the aforementioned order the Magistrate made the raid and recovered 10 girls, including the petitioner, from various homes of disrepute. After the recovery the learned magistrate gave the petitioner an opportunity to say what she had to and after hearing her the magistrate made the following order:-

"i have heard Km. Prem Kumar. She contends that she is carrying on the profession of dancing and singing and that she is not being made to carry on prostitution. She also contends that she is more than 21 years of age. Since this girl is apparently a minor and since her residence in a brothel raises a strong presumption of her carrying/ on the profession of a prostitute, her medical examination shall be necessary to clear both these points. Let the girl be sent to the Civil surgeon as soon as convenient for her medical examination. Till her medical examination is completed and till the inquiry contemplated under Section 17 (2) of the Act is concluded the girl shall be kept in the after-care-home for women, run by the Social Welfare department at Begum bagh Meerut. "

The petitioner was examined by the Medical Officer Incharge of the Dufferin Hospital, Meerut who submitted a report which showed that the petitioner was about 19 years of age and further that she had been used to sexual intercourse. After the receipt of this report and before further enquiry could be completed the Magistrate thought it desirable to have the petitioner shifted to t