In a significant order, the Bombay High Court has ruled that the weight of blotter paper is an integral part of seized contraband and it ought to be included while weighing Lysergic Acid Diethylamide (LSD) in deciding commercial quantity for prosecution under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
On Monday, justice Revati Mohite Dere observed: “I am of the view that the blotter paper forms an integral part of the LSD, when put on a blotter paper for consumption and, as such, the weight of the blotter paper containing LSD will have to be considered i.e. actual weight, for the purpose of determining small or commercial quantity of the offending drug.”
The HC was hearing an appeal filed by the Narcotics Control Bureau (NCB) against the order of the special court in the case of Anuj Keshwani, an accused in the drug case related to the death of Bollywood actor Sushant Singh Rajput. The special court had directed the NCB to send the samples to Gujarat FSL to ascertain the weight of purported LSD drugs sans the blot paper.
“LSD put on a blotter paper, is capable of being swallowed, after placing it on the tongue. It is thus evident that the blotter paper is capable of being swallowed and is used as one of the methods for consuming LSD. Merely because the said blotter paper can be licked or put in a glass of water, does not necessarily mean that the blotter paper has to be excluded whilst determining the LSD on the blotter paper,” noted HC.
Besides, the HC has said that the NDPS Act never intended to exclude the quantity of the neutral substance and to consider only the actual content by weight of the contraband. “It is also pertinent to note that illicit drugs are seldom sold in a pure form. They are always adulterated or cut with other substance or put in a gelatin or blotter paper, as in the present case,” added HC.
While setting aside the order of the special court, the HC has directed the NCB to send the blot paper to FSL at Gandhinagar, Gujarat, within one week for testing to determine whether every blotter-paper has LSD.
The NCB had seized 32 blotter papers from Keshwani of various colours. The FSL conducted a random test and confirmed that LSD was present on it. However, it was not clear whether the FSL had tested all the 32 blotter papers to determine presence of LSD on it.
Justice Dere observed: “The FSL ought to have conducted an individual test of every blot paper, to ascertain whether it has LSD on it. The NDPS Act provides stringent punishment, and hence, it was incumbent to test every blot paper for LSD. It is well possible that a few blot papers may test positive for LSD and some may not.”
The HC has directed the FSL to submit a report before the trial court in six weeks of receiving the sample. “The FSL to give the weight of each of the blot papers purportedly containing LSD on it,” added the HC.
Additional solicitor general Anil Singh and advocates Advait Sethna and Shreeram Shirsat appeared for the NCB. Advocates Rizwan Merchant, Taraq Sayed and Gayatri Gokhale appeared for Keshwani.
