Nagpur: In an important ruling clarifying the scope of preventive powers under the Immoral Traffic (Prevention) Act (PITA), the Bombay high court’s Aurangabad bench last week held that a magistrate can order the closure of premises used as a brothel even without the conviction of the owner.Dismissing a petition filed by petitioners, Justice Mehroz Pathan upheld the July 21, 2025, order of sub-divisional magistrate, Shirdi, directing eviction and one-year closure of a hotel. The court found action legally valid under Sec 18(1) of the Act.“The powers under Sec 18(1) are to be exercised for temporary closure after giving an opportunity of hearing, relying upon information that the premises was being used as a brothel,” the court observed, emphasising that such action is preventive in nature and does not require prior conviction.The case stemmed from a Dec 2023 police raid at the hotel, where authorities alleged a prostitution racket operating under guise of a spa. Police conducted a decoy operation, recovered marked currency, mobile phones, and condoms, and identified multiple women allegedly engaged in sex trade. Based on the findings, a proposal was sent to the magistrate for closure of the premises.The petitioners challenged the order on grounds of violation of natural justice, lack of evidence regarding proximity to a public place, and absence of conviction under Sec 3 or 7 of the Act. They also argued that the premises had been leased to another person and that no action could be taken without prosecuting the actual operator. Rejecting these arguments, the court noted that multiple notices had been served to the petitioners, who failed to respond. On requirement of conviction, court drew a distinction between PITA Sec 18(1) and 18(2). “For taking action under Sec 18(1), conviction of owner is not mandatory,” it held, adding conviction is a prerequisite only under Sec 18(2), which applies in different circumstances.Justice Pathan also relied on SC precedent to underline preventive intent of the law. It cited such powers are meant to ensure “moral hygiene in locality”, act as “quick-acting mechanism” to curb illegal activities. Observing the hotel was near a school, shrine, establishments frequented by devotees in Shirdi, court found enough grounds to justify action under Sec 18(1).
