Delhi High Court Upholds Charges Against Club Owners Accused Of Serving Hookah, Liquor To Minors

The Delhi High Court has upheld framing of charges against two men, an owner and partner of two clubs, accused of serving hookah and liquor to minor children to boost their earnings.

Justice Swarana Kanta Sharma observed that prima facie, in an attempt to conceal their illegal activities, the two men deliberately deleted the CCTV recordings to prevent the Delhi Police from uncovering their alleged illegal activities.

Charges were framed against them on a complaint moved by mother of a 13 year old girl who was missing. As per the prosecution, the minor was repeatedly served hookah and liquor at the clubs in question.

“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 said.

Justice Sharma upheld charges framed against the two men for the offences under Section 201 and 34 of IPC (for destruction of evidence i.e. CCTV footage), Section 19(1) read with Section 21 of the POCSO Act (for non-reporting of offences), Section 77 of JJ Act (penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child), Section 42 of Delhi Excise Act (penalty for employing minors or selling liquor to minors) and Section 28 read with Section 110 of Delhi Police Act.

The Court dismissed the revision petitions filed by the club owners challenging the trial court order framing charges against them last year.

In her statement, the missing girl had said that she frequently visited various clubs, including those owned by the petitioners, and stayed overnight at various flats. It was alleged that another co accused had established physical relations with her. She further alleged that other minor victims also consumed hookah and liquor at clubs and stayed at different locations until they were eventually found by the police.

Charges were framed against the petitioners on the ground that they were owners of the clubs, they disposed of the evidence by destroying the CCTV footage of their lounges, that they had failed to report that the victim was missing and had also served illegal hookah and liquor at their bars.

“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 said.

Title: NARESH KUMAR JAIN v. STATE & Other Connected Matter

Citation: 2025 LiveLaw (Del) 408

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