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2014 DIGILAW 505 (UTT)

Karan Singh Rana v. State of Uttarakhand

2014-10-30

ALOK SINGH

body2014
Judgment : 1. Since only law point is involved in the present writ petition, therefore, present writ petition is disposed of at the admission stage itself with the consent of learned counsel for the parties. 2. Present petition is filed assailing the order dated 09.04.2014, passed by the S.D.M., Vikasnagar, District Dehradun whereby Hotel Surya Palace, Shimla Byepass Road, Dharmawala, Police Station Sahaspur, Dehradun was sealed. 3. It is stated in the impugned order that S.H.O., Police Station Sahaspur, Vikasnagar, Dehradun vide his report dated 07.04.2014 reported to the S.D.M. that Hotel Surya Palace was being used for the prostitution and during the surprise visit, two male and two female were found in compromising position in the room of the hotel. It is further stated that in the room where two couples were found in compromising position, some condoms as well as viagra were also recovered. Order is said to have been passed under Section 18 of the Immoral Traffic (Prevention) Act, 1956. It is further stated that in the room where two couples were found in compromising position, some condoms as well as viagra were also recovered. Order is said to have been passed under Section 18 of the Immoral Traffic (Prevention) Act, 1956. Section 18 of the Act reads as under :- “Closure of brothel and eviction of offenders from the premises.- (1) A magistrate may, on receipt of information from the police or otherwise, that any house , room, place or any portion thereof within a distance of two hundred meters of any public place referred to in sub-section (1) of section 7, is being run or used as a brothel by any person or is being used by prostitutes for carrying on their trade, issue notice on the owner, lessor or landlord of such house, room, place, portion or the agent of the owner, lessor or landlord or on tenant, lessee, occupier of, or any other person in charge of such house, room, place, or portion, to show cause within seven days of the receipt of the notice why the same should not be attached for improper uses thereof; and if, after hearing the person concerned, the magistrate is satisfied that the house, room, place or portion is being used as a brothel or for carrying on prostitution, then the magistrate may pass orders, - (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 or minor 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 or 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 user therein.” 4. Bare perusal of Section 18 (1) of the Act would demonstrate that Magistrate on receipt of information from the Police or otherwise that any house, room, place or any portion thereof within a distance of 200 meters of any public place is being run or used as a brothel by any person or is being used by prostitutes for carrying on their trade, may direct the eviction of the occupier thereof within seven days of the passing of order from the house, room, place or portion. However, before passing the order, Magistrate shall issue show cause notice calling the occupier or landlord or owner of such house, place or portion to show cause within 7 days of the receipt of the notice as to why same should not be attached for improper use thereof. Thereafter, Magistrate shall hear the person concerned and shall record his satisfaction that house, room, place or portion of house is being used as a brothel or for carrying on prostitution and then Magistrate may pass order of the eviction of the occupier within seven days of the passing of the order. 5. Bare reading of Section 18 (1) would further demonstrate, first of all, seven days show cause notice has to be given to the occupier, landlord, or owner as the case may be and after hearing him/them, Magistrate may issue direction to the occupier or owner or landlord, as the case may be, to evict the room, house, place or portion within seven days after the passing of the order. 6. In the present case, neither show cause notice was issued to the petitioner nor opportunity of being heard was granted to the petitioner nor seven days time was granted to vacate the hotel after passing of the order and straightway learned S.D.M. issued direction to seal the hotel with immediate effect. 7. In the considered opinion of this Court, impugned order seems to have been passed in violation of the mandate of Section 18 (1) of the Act. Therefore, same does not sustain in the eyes of law. 8. Consequently, writ petition is allowed. Impugned order is quashed. However, it would be open to the Authorities to pass appropriate order afresh after making compliance of Section 18 (1) of the Act and after hearing the petitioner. 9. No order as to cost. 10. CLMA No. 12201 of 2014 also stands disposed of accordingly.