The Bench of Justice M Nagaprasanna quashed criminal proceedings against the petitioner, stating that suspicion cannot be ground to prosecute the accused under Section 370 (buying or disposing of any person as a slave) of Indian Penal Code (IPC).
“The soul of the provision is exploitation. There is no allegation in the complaint made by any victim alleging exploitation by the petitioner. The complaint, investigation and wavering statements of the persons, who accompanied the petitioner created suspicion in the mind of the Immigration Officer. The suspicion was on account of the statement of handing over some cash to the petitioner by the people who accompanied him. This cannot in my considered view, be enough circumstance to prosecute the petitioner for offence punishable under Section 370 of the IPC for human trafficking,” the Court said.
Source: Barandbench
