Law: West Pakistan Suppression of Prostitution Ordinance (II of 1961)

Section: 3, 4, 6

Law: Criminal Procedure Code (V of 1898)

Section: 155(2), 561-A.

  West Pakistan Suppression of Prostitution Ordinance (II of 1961) Ss. 3, 4 to 8 read with Criminal Procedure Code (V of 1898), S. 155(2)-Offences under Ss. 3, 4 & 8 of Ordinance-Not cogniz able offences-Petitioners hauled up for running brothel and investigation carried out without obtaining permission from Ilaqa Magistrate under subsection (2) of S. 155, Cr. P. C. Entire proceedings, held, illegal and report submitted to Court could not be made basis of any penal action against petitioners Proceedings quashed-Criminal Procedure Code (V of 1898), S.561-A. Mst. Mumtaz Begum etc. v. State 1968 P Cr: L J 97 ref. Date of hearing: 11th February 1970.   JUDGMENT A case under sections 3, 4 and 8 of the Suppression of Prostitution Ordinance, 11 of 1961 is pending against the two petitioners in the Court of A. D. M., Jhelum, and on the admission of the present petition under section 561-A of the Code of Criminal Procedure the proceedings were stayed by order of this Court on the 5th of September 1968. Petitioner No.1 is the husband of petitioner No 2 and both of them were accused of running a brothel in their house No. B/117, Gali Munshi Karam Din, Mohallah Shumali, Jhelum City. It was alleged that on some secret information Mumtaz Ali S: H. O. raided the house of the petitioners on the 14th of May 1968, and found Capt. Muhammad Sharif Jan P. W. present inside one of the rooms talking to petitioner No. 2 where Mst. Akhtar (a respondent in another case filed in the same Court) was also present. On an inquiry the aforesaid Captain told the S. H. O. that he was called in by petitioner No. 2 and offered the enjoyment of the company of Mst. Akhtar on payment of some cash but he had spurned the offer telling her that he was not a man of that type. Wajid Ali Shah, another P. W. in the case, stated that Mst. Akhtar had also given a gesture to him to attract his attention for the purpose of prostitution when he was passing beside the house shortly before this raid. In the meanwhile petitioner No. 1 arrived there and his personal search is alleged to have yielded a knife and a half bottle of liquor which was later found to be illicit and he was separately…