Serving liquor, hookah to minors: HC upholds framing of charges against 2 club owners

The Delhi High Court has upheld the framing of charges against two club owners accused of serving hookah and liquor to minors to boost their earnings.

In a March 20 order, Justice Swarana Kanta Sharma observed that the accused attempted to conceal their illegal activities by deliberately deleting CCTV footage to prevent the Delhi Police from uncovering evidence.

The case originated from a complaint by the mother of a 13-year-old girl who had gone missing. According to the prosecution, the minor was regularly served hookah and liquor at the clubs in question. The charges were framed based on this allegation.

“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,” the court stated. It further noted that the exact role and extent of involvement of the accused could only be determined during the trial.

Justice Sharma upheld the charges under various provisions, including Sections 201 and 34 of the IPC for destruction of evidence, particularly CCTV footage. They were also charged under Section 19(1) read with Section 21 of the POCSO Act for failing to report the offence, Section 77 of the Juvenile Justice Act for supplying intoxicants to a child, Section 42 of the Delhi Excise Act for selling liquor to minors and Section 28 read with Section 110 of the Delhi Police Act.

The court dismissed the revision petitions filed by the club owners, challenging the trial court’s decision to frame charges against them last year.

In her statement, the minor victim claimed that she frequently visited several clubs, including those owned by the accused, and stayed overnight at various flats. She also alleged that another co-accused had established physical relations with her. Moreover, other minors were also served hookah and liquor at the clubs and stayed at various locations before being found by the police.

The charges against the club owners were upheld on multiple grounds, including their ownership of the clubs, their disposal of evidence, their failure to report the missing girl and their involvement in serving illegal intoxicants.

“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.

Delhi