The Delhi High Court has upheld the charges against two club owners accused of serving hookah and liquor to minor children to increase their earnings. The case was filed based on a complaint by the mother of a 13-year-old girl who was reported missing.
Justice Swarana Kanta Sharma noted that the accused deliberately deleted the CCTV footage from their clubs to prevent the Delhi Police from uncovering their illegal activities. The prosecution argued that the missing girl was regularly served liquor and hookah at the accused clubs.
“At the stage of charge, the Court has to only take a prima facie view of the matter, on the basis of material placed on record by the prosecution. However, the exact role played by the petitioners, the extent of their involvement in the commission of alleged offence, and their defence can only be appreciated during the course of trial,” the Court stated.
Justice Sharma upheld charges against the accused under various laws, including:
- Section 201 and 34 of IPC – Destruction of evidence (CCTV footage).
- Section 19(1) read with Section 21 of the POCSO Act – Non-reporting of offences.
- Section 77 of the Juvenile Justice (JJ) Act – Penalty for giving intoxicating substances to minors.
- Section 42 of the Delhi Excise Act – Penalty for selling liquor to minors.
- Section 28 read with Section 110 of the Delhi Police Act – Violation of police regulations.
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The accused had challenged the trial court's decision to frame charges against them. However, the Delhi High Court dismissed their revision petitions, stating that the charges were based on strong evidence.
The missing girl’s statement revealed that she had visited multiple clubs, including those owned by the petitioners, and had stayed overnight in various locations. The prosecution also alleged that another co-accused had established physical relations with her, and that other minor victims had also consumed liquor and hookah at these clubs.
The charges against the club owners were framed based on the following grounds:
- They were the owners of the clubs where minors were served intoxicants.
- They destroyed CCTV footage to hide evidence.
- They failed to report the missing girl to the authorities.
- They illegally served liquor and hookah to minors at their bars.
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“In view thereof, this Court finds no infirmity with the impugned order passed by the learned ASJ. The same is accordingly upheld. The present revision petitions are dismissed,” the Court ruled.
With this judgment, the Delhi High Court has made it clear that club owners cannot escape liability for violating laws related to minors. The case will now proceed to trial, where the accused will have to present their defense.
Title: NARESH KUMAR JAIN v. STATE & Other Connected Matter
