In this case, a total of 585 grams of charas, 270.12 grams of ganja, 3.6 grams of THC and 0.62 grams of LSD were recovered and seized as per the panchanama dated September 6, 2020.
The Bombay High Court on Monday held that blotter paper forms an integral part of the lysergic acid diethylamide (LSD) to decide whether the drug was consumed in small or commercial quantity.
The high court set aside an order of the special Narcotic Drugs and Psychotropic Substances (NDPS) Act court that directed re-weighing of LSD drug samples, recovered from an alleged drug peddler who was booked by the Narcotics Control Bureau (NCB) following the death of actor Sushant Singh Rajput last year.
The trial court had directed the central agency to send samples to the forensic science laboratory (FSL) in Gandhinagar, Gujarat, to assess the drug’s weight without blot paper and also sought to know whether the weight of the recovered LSD included the weight of paper.
In this case, a total of 585 grams of charas, 270.12 grams of ganja, 3.6 grams of THC and 0.62 grams of LSD were recovered and seized as per the panchanama dated September 6, 2020.
Lawyers of the accused, Anuj Keshwani, had submitted that 0.62 grams included the weight of blot paper, along with LSD drops. However, the report was silent about the weight of 31 blot papers. As per the NDPS Act, 1985, the commercial quantity for LSD is 0.1 grams.
The NCB, through its appeal, sought the high court to set aside the special court’s order. The NCB sought the weight of the paper to be considered while ascertaining whether the LSD’s quantity was a commercial amount. It said the term “narcotics”, as per the law, included “mixtures and preparations”.
It said the most common form of LSD available on streets is a “drop of LSD solution dried onto a piece of blotting paper or gelatinous sheet” and therefore, “street weight” of the drug should also be considered than just the weight of the “active component”.
The bench in its verdict referred to a past Supreme Court judgment and observed that the blotter paper forms an integral part of LSD consumed to ascertain whether it was in small or commercial quantity.
However, the judge observed that in the present case, it is necessary to send samples for testing at FSL, as the weight of each blotter paper was not given and it has to be weighed separately.
Allowing NCB’s appeal, the court directed the investigating officer to send the samples to FSL Gujarat for ascertaining the weight of blotter paper containing LSD and asked the FSL director to submit the report within six weeks to the trial court.
A detailed order will be made available in due course.
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