IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20025 of 2002 BINAY KUMAR JAISWAL Versus THE STATE OF BIHAR ----------- For the petitioiner: Mr. Uday Chand Prasad, Advocate For the State: Mr. M.K. Khare, A.P.P. --------- 5. 19.8.2010 Heard learned counsel for the petitioner and learned A.P.P. for the State. The proceeding in Barh P.S. Case No.281 of 2001, G.R. Case No.1054/2001 is sought to be quashed on the ground that the case was investigated into by the A.S.I, Krishna Deo Das of Barh Police Station, who was not designated as a Special Police Officer in the light of Section 14 of the Immoral Traffic (Prevention) Act,1956. On perusal of Section 14 of the above noted Act what appears is that the State Government has to appoint Special Officer for a particular area for dealing with offences under the Act in that particular area. As may appear from the subsequent provisions contained in Section 15 of the Act that the very search and seizure of the premises for implementing the provisions of the Act is barred, unless the same has been made by the Special Police Officer or by an Officer, who has specifically been authorized - 2 - by the Special Police Officer. Besides, some specific provisions for search has been framed which appears making a departure from the general provisions of the Code of Criminal Procedure, which is contained in Chapter VII. Thus what is found is that the whole investigation was against the provisions of the Act and, as such, the prosecution appears to be completely in derogation of the provisions of law. The petition is allowed and the whole proceeding initiated through the order dated 16.5.2001 is, hereby, quashed. VPS ( Dharnidhar Jha, J. )