Immoral trafficking: Only spl officers can investigate, says HC

KOCHI: Police investigation in immoral trafficking cases would be invalid if the probe is not conducted by police officers specially authorized for dealing with such cases as per Immoral Traffic (Prevention) Act, 1956, the Kerala high court held. The ruling by Justice P D Rajan came after considering a petition filed by C P Raju of Pampady in Kottayam challenging investigation in a case registered against him accusing him of immoral trafficking by the sub inspector of Keezhvaipur police station. As per the Act, state government has to appoint police officers not below the rank of inspectors as special police officers to deal with offences under the immoral trafficking prevention law. In the case in question, the FIR was registered by circle inspector of Mallappally, who was the special officer designated for the area. After search and arrest, further investigation was entrusted to Keezhvaipur sub inspector. Power of investigation in offences under the immoral trafficking prevention law is a mandatory one and such power cannot be delegated to other subordinate officers unless the law says so, the court held. "A non-empowered officer without conferring any power under the Act has no power to investigate or detect or prevent such acts which is clear in Section 14. However, any special officer can seek assistance of a police officer under him which does not mean that the assistant police officers are competent to investigate the offence, since they are not specially appointed by the statute," the court held. Quashing the final report filed by the SI, the court held, "Considering that legal aspect, the investigation conducted by the SI of police, Keezhvaipur, is invalid according to the Act and the final report submitted by him is not in accordance with law. If that be so, a trial based upon the charge is a mere abuse of process of court." http://timesofindia.indiatimes.com/city/kochi/Immoral-trafficking-Only-spl-officers-can-investigate-says-HC/articleshow/34449350.cms