O R D E R

Can a customer in a brothel be hauled in a prosecution under the Immoral Traffic (Prevention) Act, 1956 (ITP Act)?

2. That is the short question arising in this Revision Petition filed by the 3rd accused in C.C.No.217 of 2021 on the files of the Chief Judicial Magistrate, Alappuzha.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Annexure A is a copy of the final report in crime No.202 of 2021 of Alappuzha North Police Station, based on which C.C.No.217 of 2021 was instituted. The specific overt act against the petitioner, who is the 3rd accused, is that he was found as a customer in the house from where all the accused were arrested. Accused Nos.4 and 6 were allegedly subjected to prostitution at the instance of accused Nos.1 and

2. Accused Nos.3 and 5 were alleged to be the customers.

5. A petition for discharge filed by the petitioner was dismissed by the learned Magistrate. The contentions were that the petitioner being a customer cannot be implicated for any of the offences under the ITP Act. Further contention raised was that the provisions of Section 15 (5) and 15(5A) of the ITP Act are not complied with by the detecting officer.