Page No.# 1/12 GAHC010139612026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1867/2026 SMTI DEBOLINA PEGU ALIAS DEBINA PEGU ALIAS GITAMONI PEGU D/O BHASKAR PEGU ALIAS SHIV NATH PEGU, R/O FULONI UNDER MAJULI POLICE STATION, DIST- MAJULI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY, MR. U CHOUDHURY,U SARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 20.07.2026 Heard Mr. B.M. Choudhury, learned counsel for the accused applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State. 2. This is an application filed under Section 483 of the BNSS, 2023 praying Page No.# 2/12 for grant of bail to the accused person namely Smti Debolina Pegu @ Debina Pegu @ Gitamoni Pegu in connection with Pulibor P.S. Case No.56/2026 under Sections 143/61(2)/3(5) of BNS, 2023 read with Section 3/4/5/7 of Immoral Trafficking Prevention Act, 1953. 3. The facts leading to filing of the instant bail application are that on 15.06.2026 upon receipt of certain information regarding organized prostitution racket being operating from Hotel Orbit, the same information was entered in GDE 216 dated 15.06.2026 of ISBT PP and the same was communicated to the senior officers. Accordingly, a search and raid operation was conducted from 19:00 hrs to 21:00 hrs under the leadership of Shri Abhisek Kr. Yadav, APS, Addl. SP (Crime), Jorhat, Assisted by Smt. Sebolina Bhattacharya, Dy. SP, S.I. Akash Gogoi, S.I. Sonmoni Gogoi, SI(P) Puja Hazarika and other police personnel in the aforesaid hotel. It was alleged that during the raid, the police team searched different rooms of Hotel Orbit and found seven women and 8 male persons under suspicious circumstances indicating involvement in prostitution-related activities. It was alleged that several articles suspected to have been used in commission of the offence were recovered and seized following due legal procedures and arrested female accused persons after permission under Section 43(5) of the BNSS, 2023 was obtained from the Judicial Magistrate First Class as the arrest was made after sunset. 4. It was alleged that during enquiry and preliminary investigation, it transpired that the accused applicant No.1 Debolina Pegu 2.Manashi Das and 3. Pranjyoti Das were actively associated with the prostitution racket and were engaged in procuring and calling women for prostitution activities and facilitating customers at Hotel Orbit for commercial sexual exploitation. The remaining women found during the raid were prima facie suspected to be Page No.# 3/12 victims exploited and their statements were also recorded during the investigation. It was alleged that the accused persons and other associated persons involved in facilitating, organizing and operating prostitution racket. 5. On receipt of the FIR, Pulibor P.S. Case No.56/2026 under the aforementioned Sections was registered. In the instant case, the accused applicant was arrested on 16.06.2026 and since then, she is behind the bars. 6. The learned counsel for the accused applicant submits that the whole raid and arrest conducted by the police authorities in the instant case is illegal as the statutory mandates were not followed while conducting the raid as well as arrest of the accused persons in the instant case. He submits that under the Immoral Traffic (Prevention) Act, 1956 ( in short, “Act, 1956”), the power of raid and arresting a person have been given only to a special officer who has to be specifically notified by the State Government for a specific area. He submits that in the instant case, the raid and arrest of the accused persons were done by a police official who is not notified as special police officer under the aforesaid Act, 1956. He submits that in view of such failure or non-compliance to the mandate of the Act, 1956, the arrest of the accused applicant has become illegal and the same gives right to the accused applicant to be released on bail. 7. During the course of hearing on an earlier occasion, i.e. on 14.07.2026, this Court has specifically enquired from Mr. B. Sarma, learned Additional Public Prosecutor as to whether the raid of the premises and arrest of the accused applicant in the instant case have been done in terms of the provision of the Act, 1956 or not. Some time was granted to the learned Additional Public Prosecutor to complete his instruction about the aforesaid issue. It was specifically requested to the learned Additional Public Prosecutor to get the information regarding whether the police involved in the raid and arrest in the Page No.# 4/12 instant case was notified as a Special Police Officer under the Act of 1956. 8. While the case was taken up today, Mr. B. Sarma, learned Additional Public Prosecutor has fairly submitted that he has been provided with some instruction i.e. an order issued by the Senior Superintendent of Police Jorhat, 28.01.2026 but the same does not specifically reflect as to whether the same has been issued in terms of the Act of 1956. 9. The aforesaid order dated 21.02.2026 is kept on record and marked as document ”X”. 10. This Court has heard the submission made by the learned counsel for the respective parties. Before going into the facts of the instant case, it may be relevant to discuss the provisions of Section 13, 14 & 15 of the Act of 1956, which are extracted hereunder:- “13. Special police officer and advisory body.—(1) There shall be for each area to be specified by the State Government in this behalf a special police officer appointed by or on behalf of that Government, for dealing with offences under this Act in that area. 1 [(2) The special police officer shall not be below the rank of an Inspector of Police. (2A) The District Magistrate may, if he considers it necessary or expedient so to do, confer upon any retired police or military officer all or any of the powers conferred by or under this Act on a special police officer, with respect to particular cases or classes of cases or to cases generally: Provided that no such power shall be conferred on,— (a) a retired police officer unless such officer, at the time of his retirement, was holding a post not below the rank of an inspector; (b) a retired military officer unless such officer, at the time of his retirement, was holding a post not below the rank of a commissioned officer.] (3) For the efficient discharge of his functions in relation to offences under this Act,— (a) the special police officer of an area shall be assisted by such number of subordinate police officers (including women police officers wherever practicable) as the State Government may think fit; and (b) the State Government may associate with the special police officer a non-official advisory body consisting of not more than five leading social welfare workers of that area (including women social welfare workers wherever practicable) to advise him on questions of general importance regarding the working of this Act. [(4) The Central Government may, for the purpose of investigating any offence under this Act or under any other law for the time being in force dealing with sexual exploitation of persons and committed in Page No.# 5/12 more than one State, a point such number of police officers as trafficking police officers and they shall exercise all the powers and discharge all the functions as are exercisable by special police officers under this Act with the modification that they shall exercise such powers and discharge such functions in relation to the whole of India.] 14. Offences to be cognizable.—Notwithstanding anything contained in 2 [the Code of Criminal Procedure, 1973 (2 of 1974)], any offence punishable under this Act shall be deemed to be a cognizable offence within the meaning of that Code: Provided that, notwithstanding anything contained in that Code,— (i) arrest without warrant may be made only by the special police officer or under his direction or guidance, or subject to his prior approval; (ii) when the special police officer requires any officer subordinate to him to arrest without warrant otherwise than in his presence any person for an offence under this Act, he shall give that subordinate officer an order in writing, specifying the person to be arrested and the offence for which the arrest is being made; and the latter officer, before arresting the person, shall inform him of the substance of the order and, on being required by such person, show him the order; (iii) any police officer not below the rank of 3 [sub-inspector] specially authorised by the special police officer may, if he has reason to believe that on account of delay involved in obtaining the order of the special police officer, any valuable evidence relating to any offence under this Act is likely to be destroyed or concealed, or the person who has committed or is suspected to have committed the offence is likely to escape, or if the name and address of such a person is unknown or there is reason to suspect that a false name or address has been given, arrest the person concerned without such order, but in such a case he shall report, as soon as may be, to the special police officer the arrest and the circumstances in which the arrest was made. 15. Search without warrant.—(1) Notwithstanding anything contained in any other law for the time being in force, whenever the special police officer 4 [or the trafficking police officer, as the case may be,] has reasonable grounds for believing that an offence punishable under this Act has been or is being committed in respect of a [person] living in any premises, and that search of the premises with warrant cannot be made without undue delay, such officer may, after recording the grounds of his belief, enter and search such premises without a warrant. (2) Before making a search under sub-section (1), the special police officer 4 [or the trafficking police officer, as the case may be,] shall call upon two or more respectable inhabitants (at least one of whom shall be a woman) of the locality in which the place to be searched is situate, to attend and witness the search, and may issue an order in writing to them or any of them so to do: [Provided that the requirement as to the respectable inhabitants being from the locality in which the place to be searched is situate shall not apply to a woman required to attend and witness the search.] (3) Any person who, without reasonable cause, refuses or neglects, to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860). [(4) The special police officer or the trafficking police officer, as the case may be, entering any premises under sub-section (1) shall be entitled to remove therefrom all the persons found therein.] (5) The special police officer [or the trafficking police officer, as the case may be,] after removing [the [person]] under sub-section (4) shall forthwith produce him before the appropriate magistrate. [(5A) Any person who is produced before a magistrate under sub-section (5), shall be examined by a Page No.# 6/12 registered medical practitioner for the purposes of determination of the age of such person, or for the detection of any injuries as a result of sexual abuse or for the presence of any sexually transmitted diseases. Explanation.—In this sub-section, “registered medical practitioner” has the same meaning as in the Indian Medical Council Act, 1956 (102 of 1956).] (6) The special police officer [or the trafficking police officer, as the case may be,] and other persons taking part in, or attending, and witnessing a search shall not be liable to any civil or criminal proceedings against them in respect of anything lawfully done in connection with, or for the purpose of, the search. [(6A) The special police officer or the trafficking police officer, as the case may be, making a search under this section shall be accompanied by at least two women police officers, and where any woman or girl removed under sub-section (4) is required to be interrogated, it shall be done by a woman police officer and if no woman police officer is available, the interrogation shall be done only in the presence of a lady member of a recognised welfare institution or organisation. Explanation.—For the purpose of this sub-section and section 17A,“recognised welfare institution or organisation” means such institution or organisation as may be recognised in this behalf by the State Government.] [(7) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to any search under this section as they apply to any search made under the authority of a warrant issued under section 94 of the said Code.] 11. So far as the provision of Section 13, 14 and 15 are concerned, the same have been discussed by the Hon’ble Supreme Court in the case of Delhi Administration –vs- Ram Singh reported in 1961 SCC Online SC 96. Paragraphs 13, 14, 15, 16, 19, 20 and 23 are being relevant quoted herein below:- 13. It is clear from the various provisions that the Act is a complete Code with respect to what is to be done under it. It deals with the suppression of immoral traffic in women and girls, a matter which has to be tackled with consideration, intelligence and understanding of the problem. This is evident from the provisions of cl. (b) of sub-s. (3) of s. 13 which provides for the association of a non-official advisory body consisting of not more than five leading social welfare workers of that area (including women social welfare workers wherever practicable) with the special police officer in order to advise him on questions of general importance regarding the working of the Act. 14. The Act creates new offences, provides for the forum before which they would be tried and the orders to be passed on conviction of the offenders. Necessary provisions of the Code of Criminal Procedure have been adopted fully or with modifications. The Act provides machinery to deal with the offences created and its necessary implication must be that new machinery is. to deal with those offences in accordance with the provisions of the special Act and, when there is no specific provision in such Act, in accordance with the general procedure and that no other machinery is to deal with those offences. It does not appear reasonable that the investigation of offences would have been left unprovided and was to be Page No.# 7/12 done by the regular police, in accordance with the regular procedure laid-down under the Code. 15.On the other hand, there are certain provisions which are such that the regular police cannot comply with them and thus they point to the conclusion that it is the special police officer alone who is to take any action which the police has to take in connection with the offences under the Act. Section 14 makes offences under the Act cognizable, which, according to the Code means that persons accused of those offences can be arrested without a warrant, and s. 157 of the Code specially mentions that the investigating officer, if necessary, is to take measures for the discovery and the arrest of the offender; and yet, the power to arrest without a warrant is not given to the regular police, but under the proviso to this section, is to be exercised by the special police officer or under his direction or guidance or subject to his prior approval. The provisions of proviso (iii) correspond to the provision of s. 57 of the Code and others refer to special circumstances in which a police officer not below the rank of an inspector specially authorised by the special police officer can arrest without warrant. 16. Section 15 provides for searches without warrant, by the special police officer. This section does not specifically state that the special police officer alone will,search without warrant, but it is clear from the provisions of this section that officers of the regular police force will not search without warrant and thus will not exercise the power given under s. 165 of the Code. All the provisions of s. 15 correspond to those of s. 165 of the Code. 19. According to s. 13 of the Act, 'there shall be, for each area to be specified by the State Government, a special police officer appointed by or on behalf of that Government for dealing with offences under the Act in that area'. The expression 'dealing with offences' is of wide import and will include any act which the police has to do in connection with the offences under the Act. In this connection, we have been referred to the provisions of s. 5 of the Criminal Procedure Code, which reads: "1.All offences under the Indian Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences." It is submitted that the expression 'dealt with' must mean something which is not included in investigation, inquiry or trial. This does not necessarily follow from the provisions of this section. The word ,otherwise' points to the fact that the expression 'dealt with' is all comprehensive, and that investigation, inquiry and trial were some aspects of 'dealing with' the offences. Further, according to sub-s. (3) of s. 13, the special police officer is to be assisted, for the efficient discharge of his functions in relation to offences under this Act, by a number of subordinate police officers and will be advised by a non-official advisory body. The expression 'functions in relation to offences' do include his functions connected with the Page No.# 8/12 investigation of the offences. There is no reason to exclude such functions from the functions contemplated by sub-s. (3). 20. The suggestion that the special police officer would be very heavily worked in case he had to perform all the ordinary duties of the police connected with the investigation of offences in addition to the duties conferred on him under the Act, does not go far in putting a different interpretation on the powers of the special police officer. He is to be assisted by his sub. ordinate police officers. They can investigate both under the implication of the provisions of s. 13, as they are to assist the special police officer, and also on deputations by the special police officer, in view of s. 157 of the Code. 12. From the perusal of the aforesaid paragraphs as mentioned above, it is clear that in terms of Section 13 of the Act of 1956, there has to be, for a specified area, a Special Police Officer appointed by on or behalf of the State Government for dealing with offences under the Act, 1956 in that particular area. It is also seen that the Special Police Officer has to be an officer not below the rank of Inspector of police. 13. From the provisions as has been discussed that though the powers of search without warrant and arrest are given under the aforesaid Act of 1956, the same has to be done by a police officer who is a Special Police Officer in terms of the aforesaid Act of 1956. 14. It is also seen that under Section 2(i), the Special Police Officer has been defined which provides that the Special Police Officer means a police officer appointed by or on behalf of the State Government to be in-charge of police duties within the specified area for the purpose of this Act. 15. In the instant case, as mentioned above, the order dated 21.02.2026 has been issued by the Senior Superintendent Poilce Jorhat has been submitted before this Court. The aforesaid order provides that in pursuance of Sig. NO.CID XVI/AHTY/2023-26/67/286 dated 28.01.2026 of the Senior Superintend of Police (AHT) CID, Assam was reconsitiuted with the following officers:- Sri Abhishek Page No.# 9/12 Kumar Yadav, IPS, Addl. SP(Crime) Jorhat has made in-charge of the unit. It was mentioned that they will function as a Coherent Unit and will be Integrated Task Force to prevent and combat trafficking in persons. It was also mentioned that the committee will tackle all the aspect of crime of human trafficking i.e. prevention, detection, rescue, rehabilitation, reintegration and the committee shall be responsible for the following aspect:- · They shall conduct rescue operation whenever they receive information about trafficking activities. · They shall handle victim with utmost sensitivity and provide best possible care after rescue and inform all the stakeholders · Unit of AHTU shall collect information on traffickers and trafficking gangs etc. · Child Migration register to be opened at each P.S. to be monitored regularly. · In any trafficking related incident, case shall be taken over by AHTU of the district after pre-steps taken by the Thana concerned with order from undersigned. · Anti Human Trafficking Unit shall collaborate with the “Child Line- 1098 Service” and NGO’s for mutual held and assistance. · Anti Human Trafficking Unit shall collaborate with NGO’s, CLG’s Common Citizen etc to indentify and monitor vulnerable groups. · They shall also look into child labour and exploitation related issues. 16. From the aforesaid order, it is seen that a committee has been formed Page No.# 10/12 under the leadership of Abhishek Kumar Yadav IPS Jorhat to do certain activities relating to issues involving human trafficking. However, from the said order, it is not seen as to whether any police officer has been specifically named and notified in terms of Section of 13 of the Act, 1956. The learned Additional Public Prosecutor also could not provide any intimation in that regard. 17. It is clear that Hon’ble Supreme Court has observed that with various provisions, the Act of 1956 is a complete code with respect to what is to be done under it. It deals with the suppression of immoral traffic in women and girls and the matter which has to be taken with adequate intelligene and understanding of the problem. 18. The Hon’ble Supreme Court has also observed that the Act creates new offences, provides for the forum before which they would be tried and the order to be passed on conviction of the offenders. Necessary provisions of Code of Criminal Procedure have been adopted fully or with modifications. The Act provides necessary machinery to deal with the offences created and its necessary implication must be that that new machinery is to deal with those offences in accordance with the provisions of Special Act and when there is no specific provision in such Act and when there is no specific provision in such Act, in accordance with the general procedure and no other machinery is to deal with those offences. It does not appear reasonable that the investigation of offences would have been left unprovided and was to be done by the regular police, in accordance with the regular procedure laid down under the Code. 19. Therefore, it is clear that since the aforesaid Act of 1956 provides for separate provision of conducting investigation by appointing Special Police Officer in terms of Section 13, the investigation in such cases involving the offences of immoral trafficking and other related issues has to be undertaken by Page No.# 11/12 a Special Police Office, not by a general police officer. 20. In the instant case, it is seen that no police offier has been specifically appointed by the State Government and no material has been brought on record to suggest any such appointment of such Special Police Officer for investigation under the aforesaid Act, 1956, therefore, the raid and arrest made by the general police cannot be termed to have been made in terms of the Act of 1956. If so, the same violates the mandates of the provisions of the Act, 1956 resulting in providing right to the accused applicant to be enlarged on bail, being her arrest illegal. 21. Taking into account the aforesaid provision of law as well as principles laid down by the Hon’ble Supreme Court in the case of Delhi Administration (supra), the Court is of the considered view that the arrest of the accused in the instant case has not been done by the police authorities in terms of Section 13 of the aforesaid Act, 1956, thereby making the whole arrest an illegal act. Accordingly, since the arrest has become illegal, the accused applicant gets an unfettered right to get released on bail from jail. 22. Hence, it is directed that the accused applicant shall be released immediately from jail on furnishing bail bond of Rs.1,00,000/- (Rupees one lakh) to the satisfaction of the learned CJM, Jorhat subject to the following conditions:- a) that the accused applicant shall cooperate with the investigation and make herself available as and when called for; b) that the accused applicant shall not try to get touch with other persons arrested and the victims rescued to influence them in any manner, whatsoever. With the aforesaid observation and direction, the bail application stands Page No.# 12/12 disposed of as allowed. JUDGE Comparing Assistant