DELHI ADMINISTRATION Vs. RAM SINGH
LAWS(SC)-1961-5-16
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on May 03,1961

DELHI ADMINISTRATION Appellant
VERSUS
RAM SINGH Respondents


Cited Judgements :-

STATE OF HIMACHAL PRADESH VS. SUDARSHAN KUMAR [LAWS(HPH)-1988-9-1] [REFERRED TO]
MUSTAQ ALIAS MUSTAFA VS. STATE OF U P [LAWS(ALL)-2006-9-163] [REFERRED TO]
TARA VS. STATE [LAWS(ALL)-1963-10-11] [REFERRED TO]
HEMA JWAALINI VS. COMMISSIONER OF POLICE [LAWS(MAD)-2022-4-91] [REFERRED TO]
MINAR EXPORTS VS. ENFORCEMENT COMMITTEE [LAWS(BOM)-2011-10-128] [REFERRED TO]
MUHAMMAD RAFI VS. STATE OF KERALA [LAWS(KER)-2009-2-38] [REFERRED TO]
MALEPATI NARAYANA VS. STATION HOUSE OFFICER BADVEL [LAWS(APH)-1969-7-9] [REFERRED TO]
SUDHIR SHARMA VS. STATE OF C.G. [LAWS(CHH)-2017-3-26] [REFERRED TO]
HARBHAJANKAUR VS. STATE OF MAHARASHTRA [LAWS(BOM)-1968-7-5] [REFERRED TO]
KHAJANCHI FILM EXCHANGE VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-2-39] [REFERRED TO]
MINAR EXPORTS VS. ENFORCEMENT COMMITTEE [LAWS(BOM)-2010-5-103] [REFERRED]
MUHAMMED SAJEED K VS. STATE OF KERALA [LAWS(KER)-1995-4-7] [REFERRED TO]
SANEH LATA VS. STATE OF PUNJAB [LAWS(P&H)-1996-10-87] [REFERRED TO]
ANUP KISHORE SHARAN VS. STATE OF JHARKHAND [LAWS(JHAR)-2005-3-7] [REFERRED TO]
NABAGHANA SAHOO VS. STATE OF ORISSA [LAWS(ORI)-1993-5-14] [REFERRED TO]
MAHESWAR PANDA VS. STATE OF ORISSA [LAWS(ORI)-2002-10-9] [REFERRED TO,]
RAGHUBIR SINGH VS. STATE [LAWS(DLH)-1999-11-21] [FOLLOWED]
PYARI VS. STATE [LAWS(RAJ)-1962-3-6] [REFERRED TO]
SATISH KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-9-56] [REFERRED TO]
LATA VS. STATE OF U P [LAWS(ALL)-2010-11-69] [REFERRED TO]
UNION OF INDIA VS. GANPATRAI SAGARMULL [LAWS(CAL)-1982-4-4] [REFERRED TO]
SHANKARE GOWDA VS. STATE AND ORS. [LAWS(KAR)-2016-2-6] [REFERRED TO]
STATE OF GUJARAT VS. BAI RADHA [LAWS(GJH)-1966-10-5] [REFERRED]
BANGALORE NATUROPATHY YOGA CENTRE VS. STATE OF KARNATAKA [LAWS(KAR)-1987-9-26] [DISTINGUISHED]
ARUN VS. STATE [LAWS(MAD)-2022-4-172] [REFERRED TO]
SOMNATH BARUA VS. STATE OF MEGHALAYA [LAWS(MEGH)-2022-11-18] [REFERRED TO]
SALAMAT ALI VS. STATE [LAWS(MPH)-1990-9-19] [REFERRED TO]
PUNEET SOLANKI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2021-3-213] [REFERRED TO]
GULAB SINGH VS. STATE OF MAHARASHTRA [LAWS(BOM)-1961-12-1] [REFERRED TO]
TIASH RESTAURANT & BAR PVT LTD & ANR VS. STATE OF WEST BENGAL & ANR [LAWS(CAL)-2019-5-71] [REFERRED TO]
MAHESH CHANDRA GUPTA VS. STATE [LAWS(ALL)-1963-9-3] [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. J B BOTTLING COMPANY PRIVATE LIMITED [LAWS(DLH)-1978-5-16] [REFERRED TO]
JAGDISH PRASAD MISHRA VS. STATE OF M P BHOPAL [LAWS(MPH)-1973-11-10] [REFERRED TO]
JAYA RAMA GAUDA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-12-121] [REFERRED TO]
SAMARUDEEN VS. ASST DIRECTOR OF ENFORCEMENT [LAWS(KER)-1995-2-19] [REFERRED TO]
PREETI VS. STATE OF PUNJAB [LAWS(P&H)-2014-7-347] [REFERRED TO]
UNION OF INDIA VS. C R PRABHANNA [LAWS(KAR)-1977-2-13] [REFERRED TO]
NAND LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-1987-10-36] [REFERRED TO]
PHARISA PROMRIN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-9-251] [REFERRED TO]
R.A.H. SIGURAN VS. SHANKARE GOWDA @ SHANKARA [LAWS(SC)-2017-8-123] [REFERRED TO]
SHRIKANT KRISHNA NAIK VS. STATE OF GOA [LAWS(BOM)-2001-10-78] [REFERRED TO]
ANTONY VINCENT VS. STATE OF KERALA [LAWS(KER)-2014-7-109] [REFERRED TO]
P VENKATESWARA RAO VS. STATE OF A P [LAWS(APH)-2004-4-64] [REFERRED TO]
MUHAMMED VS. STATE OF KERALA [LAWS(KER)-1994-1-27] [REFERRED TO]
SAMARUDEEN VS. ASSISTANT DIRECTOR OF ENFORCEMENT TRIVANDRUM [LAWS(KER)-1995-12-29] [REFERRED TO]
ABDUL SALAM VS. STATE OF KERALA [LAWS(KER)-2019-3-129] [REFERRED TO]
HARDEO GUJAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-1988-7-25] [REFERRED TO]
DR. ANANT RAM VS. STATE OF HARYANA [LAWS(P&H)-2022-4-7] [REFERRED TO]
GRAND CINEMA MANSA VS. ENTERTAINMENT TAX OFFICER BHATINDA [LAWS(P&H)-1968-2-7] [REFERRED TO]
BHERULAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-4-81] [REFERRED TO]
SHYAM KUMAR VS. STATE OF U P [LAWS(ALL)-2007-12-97] [REFERRED TO (V 49 CIO) PAGE 63)' 2.]
MOHAMMED SHAMEER ALI VS. STATE OF KERALA [LAWS(KER)-2019-8-212] [REFERRED TO]
NALLAM DURGA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2010-8-117] [RELIED]
GAUTAM SARMA VS. SANYUKTA BARUAH [LAWS(GAU)-2009-5-1] [REFERRED TO]
SUNITA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-8-76] [REFERRED TO]
MADAN LAL HALWAI VS. R. GUJRAL, ASSISTANT PUBLIC PROSECUTOR, M.C.D. [LAWS(DLH)-1970-10-31] [REFERRED TO]
DELHI ADMINISTRATION VS. KISHAN [LAWS(DLH)-1973-8-21] [REFERRED 4.]
SALWANT SINGH SANDHU VS. STATE OF DELHI [LAWS(DLH)-2001-4-87] [REFERRED]
PANKAJ BANSAL S/O SHRI PAWAN BANSAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-11-124] [REFERRED TO]
JANAK RAJ VS. DHARAM SINGH [LAWS(P&H)-1968-10-15] [REFERRED TO]
MANJIT KAUR VS. STATE OF PUNJAB [LAWS(P&H)-2003-11-12] [REFERRED TO]
BAI RADHA VS. STATE OF GUJARAT [LAWS(SC)-1968-11-30] [DISTINGUISHED]
DIRECTORATE OF ENFORCEMENT VS. DEEPAK MAHAJAN [LAWS(SC)-1994-1-78] [RELIED ON]
KISHWAR JAHAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-8-38] [REFERRED TO]
H N RAVIRAJ VS. THE STATE OF KARNATAKA [LAWS(KAR)-2018-1-45] [REFERRED TO]
ARCHANA DEY @ SAKILA @ SAMINA VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-9-78] [REFERRED TO]
MADHAVI JADHAV VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-7-54] [REFERRED TO]
K P SADANANDAN & SABAH S/O MOIDU VS. SUB INSPECTOR OF POLICE CHOKLI POLICE & STATE [LAWS(KER)-2011-2-555] [REFERRED]
C.P. RAJU VS. STATE OF KERALA [LAWS(KER)-2014-3-91] [REFERRED TO]
SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS ON BEHALF OF STATE OF WEST BENGAL VS. SARDAR BAHADUR SINGH [LAWS(CAL)-1968-11-15] [REFERRED TO]
JAINULABDIN ALIAS NAHAMACHA VS. STATE OF MANIPUR [LAWS(GAU)-1990-8-16] [REFERRED TO]
JUJJUVARAPU KOTAMMA VS. PAPPALA SIMHACHALAM [LAWS(APH)-1967-1-3] [REFERRED TO]
A. THANAJAYAN VS. INSPECTOR OF POLICE, CHENNAI [LAWS(MAD)-2022-7-354] [REFERRED TO]
M R PILLAI VS. MOTILAL VRIJBHUKHANDAS [LAWS(BOM)-1969-4-6] [REFERRED TO]
MOTILAL VIJBHUKHANDAS VS. M.R. PILLAI [LAWS(BOM)-1969-4-12] [REFERRED TO]
T.K. HASHIM VS. ASSISTANT SUB INSPECTOR [LAWS(KER)-2013-4-143] [REFERRED TO]
KHADEEJA BANU VS. SUB INSPECTOR OF POLICE KASARAGOD [LAWS(KER)-2016-10-22] [REFERRED TO]
JOSEPH VS. SUB INSPECTOR OF POLICE [LAWS(KER)-2003-7-61] [REFERRED TO]
KHAJANCHI FILM EXCHANGE VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-4-47] [REFERRED TO]


JUDGEMENT

- (1.)The only point for consideration, in this appeal, by certificate granted by the High Court of Judicature at Punjab, is whether a police officer, who is neither a special police officer under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Act CIV of 1956), hereinafter called the Act, nor a police officer subordinate to a special police officer, can validly invistigate the offences under the Act,
(2.)Ram Singh, respondent, was suspected of having committed an offence under S. 8 of the Act. Jet Rarn, Sub-Inspector, who had not been appointed a special police officer by the State Government investigated the case and submitted the charge-sheet to the Magistrate. The Magistrate quashed the charge-sheet, holding that the special police officer alone was competent to investigate 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.
(3.)The learned solicitor-General, appearing for the Delhi Administration, has submitted that in the absence of any definite provision in the Act debarring the police to exercise its powers with respect to cognizable offences, the regular police call 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, according to him does not cover the power to investigate into offences,


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