The Bombay High Court ruled that in light of the State Government’s notification dated August 11, 2008, the Commissioner of Police has powers equivalent to an executive magistrate and district magistrate within the metropolitan area of Brihanmumbai for the purposes of Section 18 and 20 of the Immoral Traffic (Prevention) Act, 1956.
After perusing through the notification dated August 11, 2006, Court concluded that the same was issued in compliance with Supreme Court’s decision in AN Roy, Commissioner Of Police & Anr vs Suresh Sham Singh dated July 4, 2006. Justice Dere observed-
“In view of the Notification dated 11.08.2006, it is apparent that it is the Commissioner of Police who can pass an order under Section 18 of the PITA and the learned Sessions Judge was not competent to seal the premises under Section 18(1) of the PITA. In fact, the Application filed by the prosecution itself was misconceived, having regard to the Notification dated 11.08.2006.”
Quashing and setting aside the order by Dindoshi Court, Justice Dere directed the Commissioner of Police to re-circulate the said notification dated August 11, 2006 issued by the Home Department, Mantralaya, Mumbai to all the police stations for their information.