TMI Blog1961 (5) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... vestigate the case and that Jet Ram could not have investigated it. On revision by the State, the High Court agreed with the view of the Magistrate and dismissed the revision. The High Court, however, granted a certificate under Art. 133(1)(c) of the Constitution and hence this appeal by the Delhi Administration. The learned Solicitor-General, appearing for the Delhi Administration, has submitted that in the absence of any definite provision in the Act de-barring the police to exercise its powers with respect to cognizable offences, the regular police can exercise those powers and that, consequently there is nothing wrong in the Sub-Inspector of the regular police making an investigation in a case under the Act. He also submits that the special police officer is not competent to investigate offences, his powers being confined to what may come within the expression 'dealing with offences under the Act', and which expression, accord- ing to him, does not cover the power to investigate into offences. It is urged for the respondent that it is only the special police officer who is competent to investigate the offences under the Act. Before dealing with the merits of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rkers of that area (including women social welfare workers wherever practicable) to advise him on questions of general importance regarding the working of this Act. 14. Notwithstanding anything contained in the Code of Criminal Procedure' 1898 (5 of 1898) any offence punishable under this Act shall be deemed to be a cognizable offence within the meaning of that Code: Provided that, notwithstanding anything contained in that Code,- (i) arrest without warrant may be made only by the special police officer or under his direction or guidance, or subject to his prior approval; (ii) when the special police officer requires any officer subordinate to him to arrest without warrant otherwise than in his presence any person for an offence under this Act, he shall give that subordinate officer an order in writing, specifying the person to be arrested and the offence for which the arrest is being made; and the latter officer before arresting the person shall inform him of the substance of the order and, on being required by such person, show him the order; (iii) any police officer not below the rank of inspector specially authorized by the special police officer may, if he h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne in connection with, or for the purpose of, the search. 16. (1) Where a magistrate has reason to believe from information received from the police or other. wise, that a girl apparently under the age of twenty. one years, is living, or is carrying on, or is being made to carry on prostitution, in a brothel, he may direct the special police officer to enter such brothel, and to remove therefrom such girl and produce her before him. (2) The special police officer after removing the girl shall forthwith produce her before the Magistrate issuing the order. Section 17 provides for intermediate custody of girls removed under s. 15 or rescued under s. 16. Sections 18 to 21 provide for matters unconnected with offences. Section 22 provides that no Court inferior to that of a Magistrate as defined in cl. (c) of s. 2 shall try the offences mentioned in the section. The Magistrates mentioned in this clause are District Magistrates, Sub- Divisional Magistrates, Presidency Magistrates or a Magistrate of the First Class specially empowered by the State Government by notification in the official gazette to exercise jurisdiction under the Act. It is clear from the various pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and others refer to special circumstances in which a police officer not below the rank of an inspector specially authorised by the special police officer can arrest without warrant. Section 15 provides for searches without warrant, by the special police officer. This section does not specifically state that the special police officer alone will,search without warrant, but it is clear from the provisions of this section that officers of the regular police force will not search without warrant and thus will not exercise the power given under s. 165 of the Code. All the provisions of s. 15 correspond to those of s. 165 of the Code. Further, in view of sub-s. (2) of s. 15, the special police officer is required to include at least one woman among the search witnesses. There is no such restriction in s. 103 of the Code. If a regular police officer is to conduct search in pursuance of the powers conferred under s. 165 of the Code, he is not bound to include a woman among the search witnesses. Further, sub-ss. (4) and (5) of s. 15 authorise a special police officer to remove any girl found in the promises searched, if she be under twenty-one years of age and is carrying on prostitu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y follow from the provisions of this section. The word ,otherwise' points to the fact that the expression 'dealt with' is all comprehensive, and that investigation, inquiry and trial were some aspects of 'dealing with' the offences. Further, according to sub-s. (3) of s. 13, the special police officer is to be assisted, for the efficient discharge of his functions in relation to offences under this Act, by a number of subordinate police officers and will be advised by a non-official advisory body. The expression 'functions in relation to offences' do include his functions connected with the investigation of the offences. There is no reason to exclude such functions from the functions contemplated by sub-s. (3). The suggestion that the special police officer would be very heavily worked in case he had to perform all the ordinary duties of the police connected with the investigation of offences in addition to the duties conferred on him under the Act, does not go far in putting a different interpretation on the powers of the special police officer. He is to be assisted by his sub. ordinate police officers. They can investigate both under the implication ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s hereby dismissed. MUDHOLKAR, J.-The point which arises for consideration in this appeal is whether a charge-sheet presented by a station-house officer alleging against the respondent certain offences under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Act No. CIV of 1956) (hereinafter called the Act) is bad because the investigation into those offences was carried out not by a special police officer appointed under the Act but by the station house officer. The respondent is alleged to be a pimp and said to have committed offences under s. 8 of the Act. Inves- tigation into the offences was made by the officer-incharge of the Kamla Market Police Station and a charge-sheet was presented by him before a First Class Magistrate in Delhi. Similar charge-sheets were put up against certain other persons. An objection was taken before the Magistrate in all these cases that the charge-sheets were bad because the investigation into the various offences was not made by the special police officer referred to in the Act. This objection was upheld by the Magistrate and the charge-sheets were rejected. An application for revision was preferred by the Delhi Administration befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. Sub-section (2) would prima facie apply to cases arising under the Suppression of Immoral Traffic in Women and Girls Act except to the extent that its provisions are abrogated or superseded by the aforesaid Act. While sub-s. (1) provides that only an offence under the Penal Code must be investigated in accordance with the provisions of the Code of Criminal Procedure, sub-s. (2) provides that offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. What has to be ascertained, therefore, is whether in the Act in question there are any provisions which regulate the manner of carrying out an investigation of offences thereunder--because here we are concerned only with the limited question of the power of a station house officer to investigate into an offence u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereunder and specifying the officer entitled to make the investigation so as to exclude a police officer entitled under the Code of Criminal Procedure to investigate into offences. In my judgment it would not have left the matter to mere conjecture and rested content by using the expression dealing with offences under this Act , which on its face is inadequate for excluding the operation of s. 166, Code of Criminal Procedure. Investigation, inquiry and trial of offences are definite stages in the process of bringing a delinquent to book. Each stage is distinct from the other and the legislature has made it quite clear in s. 5 of the Code of Criminal Procedure itself that they are important enough to be mentioned specifically. To make the point clearer it would be useful to compare the provisions of sub-s. (1) of s. 13 of the Act with those of sub-ss. (1) and (2) of s. 5 of the Code of Criminal Procedure. While in the former, Parliament has merely used the words dealing with offences under the Act in the latter the words used are investigating, in- quiring into, trying or otherwise dealing with such offences. No doubt the expression dealing with offences would, accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred to s. 23 of the Police Act in this connection. The relevant part of that section runs thus: It shall be the duty of every police-officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice. The suggestion is that the words to detect and bring offenders to justice are comprehensive enough to include the power to investigate. It is sufficient to say that the duties enjoined upon police officers by s. 23 are something quite apart from those which are enjoined upon them by the Code of Criminal Procedure. The investigation into an offence is a matter of some importance. Statements recorded therein have considerable value and can be used for contra. dieting witnesses questioned during investigation. It is for this reason that detailed provisions have been incorporated in the Code of Criminal Procedure dealing with this subject. It is only when an investigation is completed that a police officer is empowered to present a charge- sheet. Neither the Pol ..... X X X X Extracts X X X X X X X X Extracts X X X X
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