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2014 Supreme(UK) 509

ALOK SINGH
Karan Singh Rana – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
Mr. Hari Mohan Bhatia, Advocate for the petitioner.
Mr. Vinod Kumar Jemini, Deputy Advocate General for the State.

Judgment :

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












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