Seal of hotel us 18 of immoral trafficking act
Querist :
Anonymous
(Querist) 12 September 2011
This query is : Resolved
R/Experts
A case was registered against Hotel owner for prostitution in his Hotel and he was caught red handed alongwith five pairs in his Hotel.Now Police has filed an application before trial/Magistrate court,i want to know whether us 18 of Immoral Trafficking act Magistrate is competent to pass order for seal of Hotel.Help Plz
Raja Ram Panipat
Raj Kumar Makkad
(Expert) 12 September 2011
Magistrate is not empowered to do so as it is not provided in this section but definitely administrative authorities can do so under various other provisions.
prabhakar singh
(Expert) 13 September 2011
The Magistrate can pass only following order:
(a) directing eviction of the occupier within seven days of the passing of the order from the house, room,
place, or portion;
(b) directing that before letting it out during the period of one year or in a case where a child has been
found in such house, room, place or portion during a search under Section 15, during the period of three
years, immediately after the passing of the order, the owner, lessor or landlord or the agent of the owner,
lessor or landlord shall obtain the previous approval of the Magistrate;
Provided that, if the Magistrate finds that the owner, lessor or landlord as well as the agent of the owner,
lessor or landlord, was innocent of the improper user of the house, room, place, or portion, he may cause
the same to be restored to the owner, lessor or landlord or the agent of the owner, lessor landlord, with a
direction that the house, room, place or portion shall not be leased out, or otherwise given possession of, to
or for the benefit of the person who was allowing the improper use therein.
Hence as rightly said by Mr.Makkad, Magistrate is NOT competent to pass order for seal of Hotel.
