Not Mandatory To Call Two ‘Respectable’ Persons For A Raid Under Immoral Traffic (Prevention) Act: Rajasthan HC [Read Order]

It is to be determined by the courts whether it was efficacious for the officers to call two persons from the locality or due to urgency or emergency, the said provision could not be complied with, the court said.Mere violation of Section 15 of the Immoral Traffic Act will not vitiate the search proceedings, the Rajasthan High Court has held.Section 15 of the Act. A girl who was arrested for the offences under the Immoral Traffic Act pursuant to raid done by a circle inspector had approached the high court contending that in terms of the Section 15 of Immoral Traffic Act, 1956, two or more respectable inhabitants of the locality out of which one should be woman were not called and hence, the search carried not in consonance with the provisions of the Act, shall vitiate. In every case, on the touchstone of Section 15 of the Immoral Traffic Act, 1956, it is to be determined by the courts whether it was efficacious for the officers to call two persons from the locality or due to urgency or emergency, the said provision could not be complied with. Mere violation of Section 15 of the Immoral Traffic Act will not vitiate the proceedings, as it will be in the realm of appreciation of evidence in each and every case.” As regards the other argument, the bench said the Superintendent of Police cum Circle Officer is a Special Police Officer within the ambit of Section 13 of the Act and therefore the investigation carried by him is perfectly valid.