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2014 Supreme(UK) 509
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Singh, J.
Karan Singh Rana - Petitioner
Versus
State of Uttarakhand and others - Respondents
Criminal Writ Petition No. 1315 of 2014
Decided on : 30.10.2014
Advocate Appeared:
Mr. Hari Mohan Bhatia, Advocate for the petitioner.
Mr. Vinod Kumar Jemini, Deputy Advocate General for the State.
The main legal point established is that the order to seal the hotel was passed in violation of the mandate of Section 18 (1) of the Immoral Traffic (Prevention) Act, 1956.
Headnote:
Immoral Traffic (Prevention) Act - Sealing of Hotel Surya Palace - The court found that the order to seal the hotel was passed in violation of the mandate of Section 18 (1) of the Act, as the show cause notice was not issued to the petitioner, and no opportunity of being heard was granted. The impugned order was quashed, and the authorities were given the opportunity to pass an appropriate order after making compliance with the Act and after hearing the petitioner.
Fact of the Case:
The petition was filed to challenge the order sealing Hotel Surya Palace, which was reported to be used for prostitution. The order was passed under Section 18 of the Immoral Traffic (Prevention) Act, 1956.
Finding of the Court:
The court found that the impugned order was passed in violation of the mandate of Section 18 (1) of the Act and quashed the order, allowing the writ petition. The authorities were given the opportunity to pass an appropriate order after making compliance with the Act and after hearing the petitioner.
Issues: Violation of the mandate of Section 18 (1) of the Immoral Traffic (Prevention) Act, 1956.
Ratio Decidendi: The court held that the show cause notice was not issued to the petitioner, no opportunity of being heard was granted, and no seven days' time was granted to vacate the hotel after passing the order, which violated the mandate of Section 18 (1) of the Act.
Final Decision: The writ petition was allowed, and the impugned order was quashed. The authorities were given the opportunity to pass an appropriate order after making compliance with the Act and after hearing the petitioner.
1. Since only law point is involved in the present writ petition, therefore, present writ petition is disposed of at the admission stage itself with the consent of learned counsel for the parties.
2. Present petition is filed assailing the order dated 09.04.2014, passed by the S.D.M., Vikasnagar, District Dehradun whereby Hotel Surya Palace, Shimla Byepass Road, Dharmawala, Police Station Sahaspur, Dehradun was sealed.
3. It is stated in the impugned order that S.H.O., Police Station Sahaspur, Vikasnagar, Dehradun vide his report dated 07.04.2014 reported to the S.D.M. that Hotel Surya Palace was being used for the prostitution and during the surprise visit, two male and two female were found in compromising position in the room of the hotel. It is further stated that in the room where two couples were found in compromising position, some condoms as well as viagra were also recovered. Order is said to have been passed under Section 18 of the Immoral Traffic (Prevention) Act, 1956. Section 18 of the Act reads as under :-
“Closure of brothel and eviction of offenders from the premises.- (1) A magistrate may, on receipt of information from the police or otherwise, that any house , room, place or any portion thereof within a distance of two hundred meters of any public place referred to in sub-section (1) of section 7, is being run or used as a brothel by any person or is being used by prostitutes for carrying on their trade, issue notice on the owner, lessor or landlord of such house, room, place, portion or the agent of the owner, lessor or landlord or on tenant, lessee, occupier of, or any other person in charge of such house, room, place, or portion, to show cause within seven days of the receipt of the notice why the same should not be attached for improper uses thereof; and if, after hearing the person concerned, the magistrate is satisfied that the house, room, place or portion is being used as a brothel or for carrying on prostitution, then the magistrate may pass orders, -
(a) directing eviction of the occupier within seven days of the passing of the order from the house, room, place or portion;
(b) directing that before letting it out during the period of one year or in a case where a child or minor has been found in such house, room, place or portion during a search under section 15, during the period of three years, immediately after the passing of the order, the owner, lessor or landlord or the agent of the owner, lessor or landlord shall obtain the previous approval of the magistrate:
Provided that, if the magistrate finds that the owner, lessor or landlord as well as the agent of the owner, lessor or landlord, was innocent of the improper user of the house, room, place or portion, he may cause the same, to be restored to the owner, lessor or landlord, or the agent of the owner, lessor or landlord, with a direction that the house, room, place or portion shall not be leased out, or otherwise given possession of, to or for the benefit of the person who was allowing the improper user therein.”
4. Bare perusal of Section 18 (1) of the Act would demonstrate that Magistrate on receipt of information from the Police or otherwise that any house, room, place or any portion thereof within a distance of 200 meters of any public place is being run or used as a brothel by any person or is being used by prostitutes for carrying on their trade, may direct the eviction of the occupier thereof within seven days of the passing of order from the house, room, place or portion. However, before passing the order, Magistrate shall issue show cause notice calling the occupier or landlord or owner of such house, place or portion to show cause within 7 days of the receipt of the notice as to why same should not be attached for improper use thereof. Thereafter, Magistrate shall hear the person concerned and shall record his satisfaction that house, room, place or portion of house is being used as a brothel or for carrying on prostit
