HC quashes Immoral Traffic (Prevention) Act cases against six

Soumyadip Mullick, MP, 11 Dec 2024, Kolkata: In four cases across Bengal, including three in Kolkata, the Calcutta High Court quashed proceedings under the Immoral Traffic (Prevention) Act 1956 against petitioners who allegedly did not know that the spa massage parlours they were arrested from were running a sex trade. 

The Bench of Justice Shampa Dutt (Paul) heard separate cases where petitioners were picked up from spa massage parlours after police raided these establishments. All three cases were in Kolkata in areas within Tollygunge, Purba Jadavpur and Alipore police stations. 

One of the cases concerned a hotel at Mandarmoni, East Midnapore, where three petitioners were arrested on allegations that they were customers who sexually exploited the women who were indulged in prostitution. 

Claiming they did not have any knowledge that such establishments were running a sex trade, the petitioners prayed for quashing the criminal proceedings against them in the trial court. In all the cases, the petitioners were charged under sections of the Immoral Traffic (Prevention) Act following their arrests. 

This Act was brought in pursuance of the International Convention, signed at New York on May 9, 1950, for the prevention of immoral traffic. 

The court observed that the women/girls found at the place of occurrence are all major as seen from the case diary and none stated in their statements recorded under Section 164 CrPC that they were forced into working at the establishments. 

Further, the court observed that allegations against the petitioners in the written complaint do not make out any ingredients required to constitute offences as laid down under the Sections 3, 4, 5, 6 and 7 of the Act. 

The court quashed the criminal cases against them using its inherent power granted under Section 482 CrPC which allows it to take decisions to prevent abuse of process of court or to secure the ends of justice. 

However, the court directed that the proceedings against other accused persons arrested during the raids, barring the petitioners concerned, are to continue. 

https://www.millenniumpost.in/bengal/hc-quashes-immoral-traffic-prevention-act-cases-against-six-590308?infinitescroll=1