Knowledge of trafficking is essential to constitute offences under trafficking laws; voluntary engagement by individuals negates allegations against a customer.

ORDER :

JUVVADI SRIDEVI, J.

This Criminal Petition is filed by the petitioner-accused to quash the proceedings against him in P.R.C.No.124 of 2024 on the file of the learned X Additional Metropolitan Magistrate, Rangareddy District at Kukatpally. The offences alleged against petitioner are under Sections 143, 144 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) (Sections 370, 370(A) of the Indian Penal Code) and Sections 3, 4, 5 of the Immoral Traffic (Prevention) Act, 1956 (for short ‘the Act’).

2. Heard M/s. Rahul Kandharkar Abhishek Kadam, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the State.

3. In brief, the case of the prosecution is that the Police, received credible information about running of brothel house and raided the premises at SMO Hair and Beauty SPA, Upton Oyster Building, 3^rd Floor, near Durgam Cheruvu Metro Station, Madhapur and found that the accused Nos.1 to 4 were organizing brothel house and petitioner-accused No.5 is the customer of the said brothel house.

4. Learned counsel for petitioner submitted that the woman who was found with petitioner-accused, is not a trafficked woman and the petitioner is nothing to do with the alleged offences. The ingredients of the offence under Sections 143, 144 of BNS and 3, 4, 5 of the Act does not attract to the present case on hand. Thereby, he prayed to quash the criminal proceedings against the petitioner.

5. Learned Additional Public Prosecutor for the State submitted that there are specific allegations against the petitioner and the truth or otherwise would come out only after conducting full-fledged trial by the concerned Court below and prayed to dismiss this Criminal Petition.

6. In view of the above facts and circumstances of the case, it is relevant to extract the provision under Section 143 of BNS:

“143. Trafficking of a Person: (1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by-

Firstly— using threats, or

Secondly— using force, or any other form of coercion, or

Thirdly— by abduction, or

Fourthly— by practising fraud, or deception, or

Fifthly— by abuse of power, or

Sixthly— by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking.

Explanation 1— The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.

Explanation 2— The consent of the victim is immaterial in determination of the offence of trafficking.

(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.

(3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.

(4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.

(5) Where the offence involves the trafficking of more than one minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen