SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS, GOVT. OF WEST BENGAL Vs. KSHITISH CHANDRA ROY

JUDGEMENT

(1.) THIS revisional application was filed by the Superintendent and Remembrancer of Legal Affairs, West Bengal, against the order of Shri S. N. Chanda, 7th Presidency Magistrate, filing a case under the Suppression of Immoral Traffic in Women and Girls Act, after he had framed charges against the accused in that case.

(2.) THE facts are briefly as follows :

(3.) MR . H. Chatterji appearing for the State of West Bengal has urged that under the provisions of the Suppression of Immoral Traffic in Women and Girls Act, 1956, investigation of an offence under the Act is not necessarily to be done by a Special Police Officer appointed under the Act for dealing with the offences under the Act, but that such Special Police Officers alone have the special powers conferred on them by Sections 14 and 15 of the Act; but that when a case has been started in consequence of any action taken under those sections by the Special Police Officers, the regular police force have the power to investigate the offence and submit charge -sheet. Mr. Chatterji has pointed out that unlike the 'Prevention of Corruption Act; the Suppression of Immoral Traffic Act does not specifically provide tor the investigation being done by a special class of officers, but Section 13 of the Act only provides that the State Government shall appoint a special Police Officer for each area for dealing with offences under this Act on that area. Mr. Chatterji submits that the term 'dealing with the offences' does not necessarily include investigation.