The Delhi High Court has confirmed charges against two club owners accused of selling liquor and hookah to minors. The ruling, delivered by Justice Swarana Kanta Sharma, underscores the non-delegable responsibility of the club owners to ensure their venues do not engage in illegal activities.
The case surfaced following an investigation into the disappearance of a 13-year-old girl in October 2019, which initially led to a kidnapping report by the police. The minor was later found in December 2019 along with another 10-year-old girl, having been exposed to alcohol and hookah in two clubs located in Netaji Subhash Place, Delhi.
During her testimony, the rescued girl detailed her visits to these clubs, where she met several individuals and was repeatedly served alcohol and hookah. She recounted that during her time away from home, she was under the influence of a boyfriend who introduced her to the clubs. She also mentioned staying at various locations arranged by a bouncer from one of the clubs until her eventual rescue facilitated by the police tracing a woman’s mobile number associated with her whereabouts.
The owners of the clubs had challenged a lower court’s decision to press charges against them, including the destruction of evidence, failure to report offenses under the Protection of Children from Sexual Offences (POCSO) Act, and penalties related to serving intoxicants to minors. However, the High Court dismissed their petitions, finding no errors in the initial framing of charges.
Justice Sharma emphasized that at the stage of framing charges, the court only needs to consider a prima facie overview based on the evidence presented by the prosecution. The detailed examination of the accused’s roles and the extent of their involvement will be assessed during the trial.
The prosecution argued that the club owners, facing financial difficulties, had deliberately targeted minors by allowing and organizing parties where alcohol and hookah were served to boost earnings. It was also alleged that the owners intentionally deleted CCTV footage to obstruct the investigation into these illegal activities.
