BAIL APPLN. 334/2018 Page 1 of 11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Decided on: 1^st March, 2018

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BAIL APPLN. 334/2018

AKSHAY CHADHA

..... Petitioner

Represented by:

Mr. Ravi Bassi, Advocate.

versus

STATE (NCT OF DELHI)

..... Respondent

Represented by:

Mr. Rahul Mehra, Standing

Counsel and Mr. Hirein

Sharma, APP for the State with

DCP Vijay Kumar, West

District, Inspector Keshav

Mathur and SI Manoj Kumar,

PS Rajouri Garden.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

MUKTA GUPTA, J. (ORAL)

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

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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 ₹100/-

and for one time hukka they had to pay ₹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

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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 31^st July, 2017 of

the Government of National Territory of Delhi reads as under:

vide Notification F. No. X. 11029/6/2010-DDAP Dated 17^th

Whereas as per Orders of Hon’ble Juvenile Justice

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BAIL APPLN. 334/2018