Immoral Trafficking-Hotel whether can be closed on allegation of being used as brothel
In the case on hand according to the respondents the hotel in question was being used as brothel which aspect and so the same has to be examined first. Therefore, the next moot question to be decided is as to whether the hotel was being used as brothel as defined in Section 2(a) of the Act. As envisaged in Section 2, to brand a hotel as a brothel house, the following essential requirements are to be prima facie proved from the records:-
(a)the hotel was used for the purposes of s*xual exploitation (or) abuse.
(b) Such use was for gain of another person or for the mutual gain of two or more prostitutes.
17. In the instant case, in our considered opinion, both the above ingredients have not been satisfied by the respondents. First of all, when we analyse the question as to whether the hotel in question was being used for the purpose of s*xual exploitation or abuse, it is crystal clear that there are allegations that an attempt was made by the accused in the criminal case to s*xually exploit the de facto complainant. Absolutely no material is shown for the same, coupled with the knowledge of the appellant herein or anyone in the management of the day-to-day affairs of the appellant-hotel. In the absence of at least any convince or knowledge on the part of the appellant it can not be said at any stretch of imagination that the hotel was being used by the appellant or allowed to be used for s*xual exploitation. Thus, the essentials of Section 2(a) have not been satisfied.
18. Secondly, as per Section 2(a), the hotel should have been used for s*xual exploitation or for the gain of another person. In this case, there is absolutely no material to show that the petitioner had gained out of the alleged use of the hotel by the accused for s*xually exploiting the girl.
19. In the absence of knowledge on the part of the appellant, the fact that a room was booked for stay, for the purpose of s*xual exploitation or abuse of anyone, and mere collection of money for the stay will not amount to gain as envisaged in Section 2 of the Act.
Dated: 31 .08.2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Coram:
The Hon'ble Mr.M.Y.EQBAL, CHIEF JUSTICE
and
The Hon'ble Mr.Justice A.ARUMUGHASWAMY
Writ Appeal No. 1749 of 2012
and
M.P.No.1 of 2012
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Hotel Sooriya Heritage Inn
vs.
1. The Collector cum District Magistrate,
Government of Puducherry, Puducherry.
