The inclusive definition of Section 77 of the JJ Act covers substances with stupefying effects on children, and measures are needed to tackle the proliferation of drugs and tobacco among children.

Mukta Gupta, J.

1. By this petition, the petitioner seeks anticipatory bail in case FIR No. 690/2017 under Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short ‘JJ Act’) registered at PS Rajouri Garden, New Delhi.

2. The above noted FIR was registered when two Children in Conflict with Law (CCLs) were produced before the Juvenile Justice Board and stated that despite being juvenile they were being permitted smoking hukka at Keeva West Gate Mall. A raid was conducted at the premises and on inspection two hukkas and one packet of Alladin flavoured tobacco was found available in the restaurant which was seized and sealed. Based on this information received and the raid conducted wherein two hukkas and one packet of flavoured tobacco were found FIR No. 690/2017 was registered under Section 77 of the JJ Act.

3. During the course investigation statements of the two CCLs have been recorded. As per the two CCLs the entry fee of the hukka bar was Rs.100/- and for one time hukka they had to pay Rs.100/-. Initially Dheeraj Singh @ Manny who was the Manager of the restaurant was arrested who disclosed that the restaurant was being run by present petitioner.

4. Learned counsel for the petitioner submits that merely on the disclosure statement of Dheeraj Singh, petitioner is being sought to be implicated in the above noted FIR. Further there is no material on record to show that there is violation of Section 77 of JJ Act or any notification thereunder. He further submits that a strict interpretation is required to be given to the words under Section 77 of the JJ ACT and an aromatic inhaler or a solution, thinner, sulochan etc. would not be covered under Section 77 of the JJ Act or the notification thereunder.

5. State has filed a Status report which notes the various actions taken against the bar-cum-lounge which was earlier known as Keeva Bar and is now known as Toast Restaurant West Gate Lounge. The actions itself reveal that petitioner was running the said lounge.

6. Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 reads as under:

“77. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child.- Whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or tobacco products or psychotropic substance, except on the order of a duly qualified medical practitioner, shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine which may extend up to one lakh rupees.”

7. Pursuant to Section 77 of JJ Act a notification has also been issued by the Government of National Capital Territory of Delhi in respect of violations being conducted in respect of vulcanised solution/sulochan etc. for the reason they also have stupefying affect. Notification No. F. No. 7(15)/2012/Misc/DHS/SHS/Pt.file-III/1229-1239, dated 31st July, 2017 of the Government of National Territory of Delhi reads as under:

“F. No. 7(15)/2012/Misc/DHS/SHS/Pt.file-III/1229-1239.-

1. Whereas Ministry of Health and Family Welfare, Govt of India vide Notification F. No. X. 11029/6/2010-DDAP Dated 17th July, 2012 has imposed certain ban with regards to production and sale of Bottled Correction Fluids as well as Bottled Thinners, of any chemical composition, both for erasing purposes as well as for use as Nail Polish removers and similar other purposes for retail sale which are chemical substances generally used in offices but reportedly being widely misused by children/street children as intoxicating substance/drug by inhaling them to get stimulating effects like drugs;

2. Whereas as per Orders of Hon’ble Juvenile Justice Board in FIR No 422/16 U/s 379/411 IPC, Government of NCT of Delhi has been directed to issue appropriate instructions by way of Notification, circular or otherwise, banning the sale of correction fluids/whiteners, thinners/diluters and vulcanized solution/sulochans to childr