LexCHITAN J. VASWANI & ANR. versus STATE OF WEST BENGAL & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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CHITAN J. VASWANI & ANR.
v.
STATE OF WEST BENGAL & ANR.
October 10, 1975
[V. R. KRISHNA IYER AND A: C. GUPTA, JJ.]
Suppression of lmmoral Traffic in Women and Girls Act (104 of 1956) ss. 3.
7 and 18-Conviction under ss. J and 7-Power of Magistrate to order evictio111
of keeper or occupier.
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The appellants were keepers of a public place namely, a bar. They were-
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convicted under s. 3(1) of the Suppression of Immoral Traffio
in
Women
and Girls Act, 1956, for keeping or managing a brothel in the bar, and under
s. 7(2){a) for knowingly permitting prostitutes for the purpose of their trade to
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resort to or remain in the bar. There was also a direction under s. 18 (I) read!
with s. 18(2) of the Act evicting the appellants from the bar.
It was contended that the order of eviction was bad, because. the bar was.
not within 200 yds. of any public institution of the type referred to ins. 18(1).
HELD : The Magistrate has power to order eviction when there is a convic-
tion either under s. 3 ors. 7. [306 El
Under s. 18'(1), when a Magistrate receives information that a brothel is
being run within a distance of 200 yds. from certain specified types of public
institutions, he may order the eviction of the occupier after hearing him. Under
s. 18(2), once a court convicts a person under s. 3 or s. 7, it may pass orders
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under s. 18 ( 1) without further notice to such person to show cause as required.
in that sub-section. A close reading of s. 18(2), however. indicates that the
orders under sub-section (1) referred to therein do not wholesale import the
substantive paragraph of s. 18(1 ). but only the eviction orders contained there-
in. [304 B. G: 305 F-Hl
(a) The consequence of a conviction under s. 3 is the invalidation of any
lease of the premises where the brothel is run.
The logical consequence must
be that the occupier must be throym out of such premises. This is achieved:
by the exercise of the power under s. 18(2). [305 BJ
(b) Section 7 (I) punishes prostitution in premises within a distance of
200 yds. of specified places. Section 7 (2) (b) punishes the person who permits
the use of premises in his occupation for prostitution, and it is an ingredient of "
the offence that the premises must be within 200 yards distance of the specified
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places; but s. 7(2)(a) punishes the keeper of any public place who knowingly
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permits prostitutes to resort to such place for their trade. No question of'
distance arises with respect to such a conviction.
But s. 18 (2) empowers the·
court to pass orders under s. 18 ( 1) if there is a conviction under s. 7 regardless
of whether it falls under s. 7(2)(a) or (b). [305 C-E]
Therefore, s. 18(2) operates not merely on places within the oliending dis-
tance of 200 yds. but in all places where the activity of prostitution had been'
conducted. [305 Gl
( c) To dispel the ambiguity in s. 18 ( 2) it must be interpreted in such a way
as to advance the remedy and suppress the evil. If the purpose of extirpating
.the commercial vice from a place were to be successful. the occupier must be
expe!led from there. f304 Hl
Sub-Div. Magistrate v. Ram Kali, [1968] 1 S.C.R. 205 and Heyd en's (1584)
3 Co, Rep. 71, case referred to.
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c. J. VASWANI v. WEST BENGAL (Krishna Iyer, !.)
301
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 300 of
1975.
Appeal by Special Leave from the Judgment and Order dated the
17th March, 1975 of the Calcutta High Court in Govt. Appeal No. 9
; of 1974 and Criminal Revision Nos. 438 and 524 of 1974.
D. Mookherjee and D. N. Mukherjee, for the Appellants.
A. K. Sen and D. N. Gupta, for Respondent No. 2.
The Judgment of the Court was delivered by
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KRISHNA IYER, J. Not for dramatic effect but to sting social con-
science, we set out the tragic story of this case which is typical of the
spreading disease of immoral traffic, to remedy which the Suppression
of Immoral Traffic in Women And Girls Act, 1956 (for short, the
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Act) was enacted by Parliament in a mood of high morality but with
such drafting inefficiency that it has pathetically failed to produce any
decline in the malady.
The scene is the lsias Bar, 15, Free School Street, Calcutta.
A
hall of enchantment extends nocturnal invitation to have a nice time
with svelte sylphs.
The entrance fee is but a paltry Rs. 15/- per man
and inside is served animating liquor.
Scantily clad female flesh of
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