Weight of paper can’t be counted while quantifying LSD, says Bombay high court

The accused was arrested in Thane on June 8, 2019, after he was reportedly found in possession of 10 pieces of papers laced with LSD drops. His house search purportedly yielded 13 more such pieces and 970 gm charas

The weight of the paper used to carry LSD drops cannot be counted while determining the quantity of the contraband material -- if it is small, intermediate or commercial as contemplated under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, the Bombay high court said on Monday while granting bail to a Thane resident who was allegedly found in possession of LSD doses and charas.

Bombay high court. (HT archive)

Justice Sandeep Shinde said the paper, which releases the drug on swallowing, only carries the drug and facilitates its consumption. “The paper with LSD drops, as a whole, is neither “preparation” nor a “mixture” within the meaning of the NDPS Act,” said the judge.

The court said that Thane sessions court refused bail to the accused, Hitesh Malhotra, by wrongly including weight of the papers used to carry the LSD drops in total quantity of the contraband material.

Malhotra was arrested by Vartaknagar police in Thane on June 8, 2019, after he was allegedly found in possession of 10 pieces of papers laced with LSD drops. His house search purportedly yielded 13 more pieces of LSD-laced papers and 970 gm charas.

He moved high court for bail after Thane sessions court refused him bail on the ground that the quantity of the contraband material recovered from him was commercial. Commercial quantity in case of LSD is 0.1 gm and 1kg in case of charas.

His counsel, advocate Suhas Oak, pointed out that total weight of the 10 pieces recovered from Malhotra was 140 milligram, but the weight of the other 13 papers was mentioned nowhere. However, on the basis of chemical analyser’s report, he claimed that the actual quantity of LSD recovered from the 39-year-old was 0.4128 milligram, much smaller than the commercial quantity (0.1 gm).

Oak added that the recovered charas too was below the commercial quantity and therefore, there was no legal impediment in releasing the accused on bail.

Malhotra was granted bail on furnishing personal bond of Rs1 lakh with one or two sureties in the same amount.