Hyderabad: The Telangana High Court has directed the Director General of Police (DGP) to take steps to ensure the appointment within four weeks of special police officers of the rank of inspector or above, under the Immoral Traffic (Prevention) Act, 1956 (PITA). The court said that the officers must be officially notified by the state government for specific areas as per Section 13 of the Act.
Justice Jukanti Anil Kumar issued the direction while quashing the proceedings in a crime registered at the Panjagutta police station against the petitioner under Sections 143 and 144(2) of the Bharatiya Nyaya Sanhita (BNS), and Sections 3, 4, and 5 of the PITA.
The case stemmed from a raid conducted by a sub-inspector (SI) on the premises of a spa, following information that a brothel was being operated there. The SI sought permission from the assistant commissioner of police (ACP) and carried out the raid without a search warrant. During the operation, mobile phones and unused condoms were seized, and a victim revealed that the owner and manager of the spa were coercing women into sex work.
The petitioner’s counsel argued that the investigation was flawed as it was conducted by an officer not authorised under the PITA. Section 13 of the Act mandates that only a special officer — not below the rank of inspector — appointed through government notification is empowered to investigate such offences. The raid, seizure, and investigation conducted by the SI thus suffered from a lack of jurisdiction, the petitioner said.
The public prosecutor conceded that no notification appointing special officers under the Act was placed on record, and acknowledged that such an appointment is essential.
Holding that the procedural violations amounted to “material irregularity and illegality,” the court quashed the criminal proceedings and directed the DGP to ensure appointment of special officers within four weeks.
