Investigation And Arrest Under Immoral Traffic Prevention Act To Be Done By Special Police Officer Only

MATTER IN ISSUE

• A Bench of the High Court of Kerala comprising of Justice MR Anitha was dealing with the case of Ali Ahammad vs State of Kerala.

• The petitioner filed an application seeking quashing of a First Information Report filed by a lodge owner who was booked under The Immoral Traffic Prevention Act of 1956.

• Circle Inspector of Police (CIP), Perinthalmanna conducted a search in the lodge run by the Petitioner and found accused No. 2 to 7 engaged in prostitution for money inside the lodge rooms.

• The accused were arrested and a case registered. Thereafter, Circle Inspector (CI), Pandikkad conducted the investigation, questioned the witnesses and filed charges under Sections 3, 4, 5 and 7 of the Act.

ARGUMENTS BY THE PETITIONER

• The arrest and investigation has to be conducted by a Special Police Officer of the area as per section 13(2)(i) of the Act.

• S. 13(2)(i) reads as -“The special police officer shall not be below the rank of an Inspector of Police.”

• In the present case, the investigation was conducted by Circle Inspector, Pandikkad whereas the place of occurrence of the alleged incident was within the jurisdiction of Perinthalmanna police station.

• There is no provision under the Act to empower the special police officer to authorise investigation of the case to be conducted by any other officer.

DECISION OF THE COURT

• Section 14(ii) does not empower the Special Police Officer i.e. Inspector of Police, Perinthalmanna to authorise the investigation of the case to be conducted by the Police Inspector, Pandikkad. So the investigation conducted by Pandikkad who is not the Special Police Officer is not in compliance with the provisions of law.

• The criminal prosecution initiated against the petitioner based on the final report filed by the Circle Inspector, Pandikkad is not sustainable in law.

• Circle Inspector of Police, Pandikkad will not be the Special Police Officer with respect to a crime committed within the jurisdictional limits of Perinthalmanna circle.

• Placing reliance on Joseph vs State of Kerala, the Bench quashed the FIR and Criminal Proceedings.

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