JAY KUMAR SABNANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. has been filed seeking following reliefs:

(2.) It is submitted by counsel for applicant that in a Writ Petition filed by an Association against the closure of Hookah Bar, an affidavit/undertaking was given by the respondent authority/Collector that no action shall be taken against the Restaurant and Lodge, wherein Hookah is found and Tobacco is being used in it. Therefore, in the light of affidavit, blanket protection order was issued in favour of Association and applicant is also the member of Association. Thus, it is clear that no FIR can be lodged against applicant for serving Hookah and Tobacco in the hotel. It is submitted by counsel for applicant that on 3/9/2023, an FIR was lodged that an information was received that in Sunshine Hotel, Hookah with flavoured Tobacco is being served. As soon as the Police party raided the premises, customers who were consuming Hookah ran away and one person was found on the counter, who disclosed his name as Jay Kumar Sabnani and also disclosed that he is the owner of the hotel. On the search of hotel, 5 Hookahs, 5 Pipes and 5 Chimneys were seized in which the flavour was burning. The owner of the hotel was aware of the fact that his activity is dangerous to life and there is every possibility of spreading a disease. The search was carried out at 1.30 in the night and accordingly, the applicant was directed to show licence to run the Hookah Bar but he fairly admitted that he does not have any such licence. The statements of witnesses were also recorded. It is submitted by counsel for applicant that in fact 8 Hookahs, 8 Pipes and 8 Chimneys were seized and since the negotiations could not succeed, therefore the Police had shown the seizure of 5 Hookahs, 5 Pipes and 5 Chimneys.

(3.) Be that whatever it may be.