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TMI Blog1967 (8) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... 65-to show cause why the premises occupied by them should not be attached under . (1) of the Act. Those notices were issued on the basis of police reports that those premises were being used as brothers. In reply amongst other pleas those respondents challenged the validity of s.18. They moved the learned magistrate to refer the question as to the validity of S. 18 to the High Court under s.432 of the Criminal Procedure Code of 1898. As the learned magistrate rejected .that prayer, they moved the High Court under Art. 226 of the Constitution in criminal writs 'Nos. 3D to 7D and 10D of 1962, challenging the vires of s.18. Respondent in criminal appeal No. 82 of 1962 claims to be the tenant in flat No. 54 on the first floor of Japan Building, which premises had been attached in the proceedings against one Mst. Ambar under s.-18(1). His case was that be 'had permitted the said Mst. Ambar to use those premise's temporarily but she lad vacated the same and therefor he was entitled to their possession as according to him he was unaware of the fact that Mst. Ambar was using the premises in question for an improper purpose. But the learned magistrate rejected his application ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the State amongst equals and to prevent any person or class of persons from being singled out as a special subject for discrimination and hostile treatment. If law deals equally with all of a certain well defined class, it is not obnoxious and it is not open to the charge of denial of equal protection on the ground that it has no application to other persons, for the class for whom the law has been made is different from other persons and, therefore, there is no discrimination against equals. Every classification is in some degree likely to produce some inequality but mere production of inequality is not all by itself enough. The inequality produced in order to encounter the challenge of the of the Constitution must be the result of some arbitrary step taken by the State. Reasonable classification is permitted but such classification must be based upon some real and substantial distinction bearing a reasonable and just relation to the thing in respect of which such classification is made. The presumption is always in favour of the constitutionality of an enactment, since it must be assumed that the legislature understands and correctly appreciates the needs of its own people, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vides for the conviction and punishment of a person who being (a) tenant lessee or occupier or person incharge of any premises, uses or knowingly allows any other person to use, such premises or any part thereof as a brothel,(b) the owner lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the premises or any part thereof with the knowledge that the same or any part thereof is intended to be used as a brothel or is wilfully a party to the use of such premises or any part thereof, as a brothel. Brothel is defined in s.2(a) as including a house, room, or place or any portion of any house, room or place, which is used for the purpose of prostitution for the gain of another person or for the mutual gain of two or more prostitutes. Prostitute is defined in s.2(e) as meaning a female who offers her body for promiscuous sexual intercourse for hire whether in money or in kind. Section 7 provides for the Punishment of prostitution in or in the vicinity of public places. That section reads: (1) Any woman or girl who carries on prostitution, and the person with whom such prostitution is carried on, 'in any premises which are within a distance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n prostitution, then the Magistrate may pass orders- (a) directing eviction of the occupier within seven days of the passing of the order from the house, room, place, or portion; (b) directing that before letting it out during the period of one year immediately after the passing of the order, the owner, lessor or landlord or the agent of the owner, lessor or landlord shall obtain the previous approval of the Magistrate: Provided that, if the Magistrate finds that the owner, lessor or landlord as well as the agent of the owner, lessor or landlord, was innocent of the improper user of the house, room, place or portion, he may cause the same to be restored to the owner, lessor or landlord, or the agent of the owner, lessor or landlord, with a direction that the house, room, place or portion shall not be leased out, or otherwise given possession of, to or for the benefit of the person who was allowing the improper user therein. (2) A Court convicting a person of any offence under section 3 or section 7 may pass orders under sub-section (1), without further notice to such person to show cause as required in that sub-section. (3) Orders passed by the Magistrate or court un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uilty of offences whereas s.18 deals with the premises mentioned therein. It is not correct to say that the set of facts to be proved in prosecutions under ss.3 or 7 and in proceedings under s.18 are identical. In the former the prosecution to succeed has to establish either the intention or knowledge referred to therein but in the latter they are not necessary ingredients. Section 18 provides for two classes of cases namely, (1) those coming either under s. 3 or 7 as well as under s. 18 and (2) those coming only under s. 18. They are two distinct classes of cases-a classification which has reasonable relationship with the object sought to be achieved and therefore falls outside the rule laid down by this Court in Anwar Ali Sarkar's([1962] S.C.R. 284) case. (a) From the copies of the reports made in these cases to the magistrate by the police-made available to us at the hearing of these appeals-it is clear that they disclose offences under s.3 against the respondents. Therefore, the question is whether the magistrate can choose to ignore the cognizable offence complained of and merely have recourse to s.18 and thus deprive the parties proceeded against of the benefit of a re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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