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Bombay HC confirms closure of hotel and eviction under Section 18(1) of PITA Act without conviction

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Section18 of PITA Act – Order for closure and eviction of the petitioners from the hotel premises – Immoral Trafficking Act.

On 21.12.2023, the FIR for offences under sections 3, 4, 5, 7 and 8 of the Immoral Traffic (Prevention) act, 1956, was registered.  On that basis and on the basis of the police report, the order under section 18(1) for closure of the hotel premises used for brothel and eviction of the petitioners was passed.

HELD that the powers under Section 18(1) are to be exercised by the District Magistrate or the Sub-Divisional Magistrate, whereas, the powers under Section 18(2) are to be exercised by the convicting Court.  They operate in different spheres.  Thus, the powers under section 18(1) for closure of premises can be exercised without any conviction under section 3 or section 7 of the PITA Act.

Judgment dated 17.3.2026 of the High Court of Bombay in Criminal Writ Petition No.1405 of 2025 of Anup Ganpat Gondkar and another   Vs.  State of Maharashtra.

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