KASHISH GULYANI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, filed under Sec. 439 of the Criminal Procedure Code, the petitioner is seeking bail in case FIR No. 215/2022, dtd. 26/6/2022, registered at Police Station Kullu, District Kullu, H.P., under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act").

(2.) The prosecution story, in brief, is that on 26/6/2022 a rukka was received from Police Post Manikaran at Police Station Kullu and it was informed that one Hemant Tomar, Manager of Apple Garden Valley Cafe at Village Shilha was indulging in sale of illicit liquor in his Cafe. On the aforesaid information, the police party reached the said Cafe at about 2:40 a.m. and search of the Cafe was conducted. ASI Jai Singh opened one of the rooms of the Cafe, where one person was sitting on the cot, who on noticing the police got perplexed. The said person immediately picked up one bag from his lap and started hiding the same behind his back under a pillow. In the meantime, one person was noticed walking on the road, who was called by ASI Jai Singh and on inquiry, he disclosed his name as Purshotam Thakur. The person, who was sitting on the cot in the room, disclosed his name as Kashish Gulayani (petitioner herein). On inquiry regarding the bag, the petitioner could not give any satisfactory answer. The said bag was checked and on opening the zip of front small pocket of the bag, transparent packets were found. On opening the said packets, white coloured crystal shaped substance was found in four packets and in one packet some multi coloured papers were found. On checking the substance in all five packets, the substance in four packets was found to be MDMA, in fifth packet it was found to be LSD. On weighment, MDMA was found to be 6.43 grams, whereas the weight of LSD paper was found 0.18 grams. The police also found Rupees 2,09,000/-, brown colour purse, Aadhar Card, Credit Card, one ATM, one cigarette packet and pink colour 76 coupons of Mahakal Valley events. Consequently, FIR, as detailed hereinabove, was registered against the petitioner and he was arrested.

(3.) Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely implicated in this case. He has further contended that keeping in view the age of the petitioner i.e. 24 years, if he is not enlarged on bail, his entire career will be ruined.