Premises Used as Brothel Can Be Shut Without Owner’s Conviction Nagpur: The Bombay High Court’s Aurangabad bench recently clarified the scope of preventive powers under the Immoral Traffic (Prevention) Act (PITA), ruling that a magistrate can order the closure of premises used as a brothel without the owner’s conviction. The court upheld a sub-divisional magistrate’s order to evict and temporarily shut down a hotel in Shirdi, which authorities alleged was operating as a prostitution racket disguised as a spa. Justice Mehroz Pathan dismissed a petition challenging the order, emphasizing that the action was legally valid under Section 18(1) of the PITA. The case originated from a December 2023 police raid at the hotel, where officers uncovered evidence of a prostitution network. During the operation, police recovered marked currency, mobile phones, and condoms, and identified multiple women allegedly involved in the sex trade. Based on these findings, authorities proposed the closure of the premises. The petitioners contested the order, arguing it violated natural justice and lacked sufficient evidence, including proximity to public spaces. They also claimed the premises had been leased to another individual and that action could not be taken without prosecuting the actual operator. The court rejected these arguments, noting that multiple notices had been served to the petitioners, who failed to respond. Justice Pathan distinguished between Sections 18(1) and 18(2) of the PITA, clarifying that conviction of the owner is not required for Section 18(1), which is preventive in nature. The court cited Supreme Court precedents to underscore the law’s intent to maintain “moral hygiene” in communities and act as a “quick-acting mechanism” to curb illegal activities.#bombay_high_court #aurangabad_bench #shirdi #justice_mehroz_pathan #immoral_traffic_prevention_act
