Decided on August 20,2007

STATE Respondents


A.K.SIKRI, J. - (1.) The petitioner herein is facing trial under Sections 4, 5 and 8 of the Immoral Traffic (Prevention) Act (in short the 'ITP Act') , Section 420/120-B IPC and Section 3/4 of Maharashtra Control of Organised Crime Act, 1999 (in short 'MACOCA'). There are certain persons along with the petitioner, who are accused in the aforesaid case. These accused persons, including the petitioner had moved applications for bail before the learned ASJ, who dismissed their applications vide order dated 23.5.2006. The petitioner has, therefore, preferred this application seeking his bail. Since the allegations on the basis of which the petitioner is facing trial under the aforesaid provisions are taken note of by the learned trial court in detail and there is no dispute over the same, I may refer to the same hereinafter.
(2.) On 19.4.2005 SI Sajjan Singh had information that Kamaljit Singh and his associate Pappi supply girls to clients for prostitution in five star hotels and carry on their business through mobile No.9810645454. SI Sajjan Singh informed ACP Kumar Gyanesh about the same, who directed him to strike a deal. Therefore, SI Sajjan Singh contacted Phone No.26109027 of ARC Office Crime Branch and upon talking to the person receiving the call identified himself as Pappi and agreed to provide girl for sexual purposes for two hours which would cost Rs.20,000/- and he asked SI Sajjan Singh to call again on the said telephone number after two minutes. Again when SI Sajjan Singh contacted on the aforesaid telephone number he was told that he would meet him outside the main gate of Taj Palace Hotel at 4:00 pm. Pappi demanded Rs.5,000/- as advance for the chosen stuff. On this information, a raiding party was formed and a DD No.9 was got recorded regarding the information. The raiding party reached and one person, namely, Charan Singh son of Jagdish Prasad was joined in the raiding party. His personal search was conducted by SI Ashok Kumar and nothing was recovered from the personal search of witness. Thereafter, 10 currency note in the denomination of Rs.500/- signed by the IO were handed over to the public witness Charan Singh vide a memo. Charan Singh was briefed to enter into a deal for sexual intercourse by using the given currency note as advance and he was directed to give fixed signal, once the deal was struck. SI Sajjan Singh was made a shadow witness to hear conversation carefully between Pappi and Charan Singh and also to watch the transaction between them. The staff was also briefed to take position in and around the main gate of the hotel.
(3.) At about 4:15 pm, one Maruti Car No. DL 3CG 0609 stopped at the main gate of the hotel and two girls and a man got down from the car and started conversing with Charan Singh. Five minutes later Charan Singh gave the signal, whereupon IO along with the staff rushed to the car and the man, who was identified as Arvinder Pal Singh @ Pappi was overpowered and the girls were also overpowered by the lady HC Saroj, whose name was revealed as Pooja @ Billi and Sonali. The decoy customer Charan Singh clarified that Arvinder Pal Singh @ Pappi while presenting both the girls Pooja and Sonali told him that to have sex with them Rs.20,000/- each would be charged and Rs.5,000/- had to be paid in advance. Meanwhile, Pooja winked her left eye and stretched herself made gestures presenting herself for sex and Sonali displayed vulgar gestures. Arvinder Pal Singh demanded advance money and Charan Singh handed over the said 10 currency note in the denomination of Rs.500/- which Arvinder Pal Singh kept in shirt pocket. SI Sajjan Singh also corroborated the fact, who was a shadow witness. Thereafter, on search of Arvinder Pal Singh by SI Ashok he was found in possession of the same 10 numbered currency notes in the denomination of Rs.500/- signed by the IO. The said currency notes were kept in white polythene sealed with the seal of SSY and taken into possession. They were all apprehended and arrested u/s 4/5 ITP Act. During investigation accused Arvinder Pal Singh had made a disclosure statement that he was carrying out a business of prostitution at the behest of accused Kamaljit Singh, who is a known pimp. That out of the money received from the customers the major share of 50% goes to Kamaljit Singh, whereas the remaining amount was equally shared between him and the chosen girl. The accused Puja @ Billi and Sonali Parveen also disclosed during interrogation that they had been working for the past few months for accused Kamaljit Sing and was indulging in the dubious trade of prostitution and under the directions of Kamaljit they offered themselves for sexual intercourse to various clients at Five Star Hotel, Guest Houses, Posh Colony Flats. They further disclosed that girls from various cities such as Mumbai, Calcutta and Bangalore etc., were also engaged in this business by Kamaljit Singh, with Arvinder Pal Singh, acting as conduit for Kamaljit Singh, who would receive them and also fetch them to various hotels in his vehicle. He further disclosed that accused Kamaljit Singh had a wide network and was assisted by Maya Keshwani @ Varsha, Mrinal Kumar, MK Menon, William, Tejinder Singh Walia etc., who were the active associates of Kamaljit Singh. He also disclosed that accused Kamaljit mainly used to contact college girls, models who offered their services to his clients and used to charge exorbitantly. This business was mainly coordinated through mobile phones of Kamaljit Singh and his associates. Later on, a raiding team was constituted and raid was conducted at H.No. 102, Jal Vaiyu Vihar, where accused Kamaljit Singh was arrested. During investigation, it revealed that accused Kamaljit Singh was involved in prostitution racket since 1985-86 and had amassed huge property both movable and immovable out of this trade. So far accused Arvinder Pal Singh is concerned, during the investigation two mobile phones 9810224004 and 9810645454 were seized from his possession, which were registered for billing in the name of Kamaljit Singh and the third phone 9871047373 seized from Kamaljit Singh was in the name of Raj Kumar Rana and during call analysis it was found that 911 calls were made from mobile No.9810224004 to 9871047373 during 1/1/05 to 20/4/05 and 13 calls were between the mobile No.9810645454 and 9871047373. As many as 475 incoming outgoing calls were traced out from Mobile No.9891939197 in the name of Arvinder Pal Singh to 9810224004 during the aforesaid period. 858 calls were exchanged between the mobile of Arvinder Pal Singh and Kamaljit Singh. One another mobile telephone No.9871375297 activated on 25/3/05 was found to be in the name of Arvinder Pal Singh but at the address of accused Kamaljit Singh i.e. M 65 GK Part II, New Delhi. During investigation in view of the facts and circumstances of the case and the conduct of the accused persons provisions of Sec. 3/4 MACOCA were used against the accused persons.;

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