Weight Of Blotter Paper Containing LSD Will Have To Be Considered For Determining Small Or Commercial Quantity Of Offending Drug: Bombay High Court

The Bombay High Court on Monday ruled that the blotter paper forms an integral part of the Lysergic Acid Diethylamide (LSD) drug when put on it for consumption and that the weight of such blotter paper containing LSD will have to be considered for the purpose of determining small or commercial quantity of the offending drug.

Justice Revati Mohite Dere was dealing with an appeal filed by Narcotics Control Bureau, in an application filed by Anuj Keshwani, accused in connection with death of Bollywood actor Sushant Singh Rajput assailing a trial court's order which directed that 31 LSD blotter papers allegedly recovered from Keshwani be sent for re-testing to the Forensic Science Laboratory, Gandhinagar, Gujarat.

In its order from April 30, the Special NDPS Court had directed the FSL to mention the drug's weight sans the blotting paper, and further specify if the quantity of LSD mentioned as '0.62 gms,' in its report, is inclusive or of the blotting paper's weight or not. According to the NDPS Act, 0.1 gm of LSD is considered a commercial quantity.

The NCB had said that since the NDPS Act applies the drug's street weight and not just the pure active component's weight, the complete form in which the drug sold should be considered.

The question which was raised before the Court was whether the blotter paper forms an integral part of the LSD drug when put on a blotter paper for consumption?

Analysing the relevant judgments on the subject, the Court was of the view 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," it added.

The Court also observed that the blotter paper ingested with LSD is, in a sense, a dose and that the paper is made out of an extra-absorbent material, generally including ingredients such as rice, cotton and even flax seed, thus, making it edible and as such, a substance in a dosage form or a mixture for consumption.

"It is thus evident, that a blotter paper, a carrier material, ingested with LSD, forms an integral part of the ingestion by the user of the drug and thus, constitutes preparation of the psychotropic substance i.e. LSD, which is capable of being consumed, and as such, forms a substance in a dosage form or a mixture. Infact, at the first blush, one may ask 'how paper' ?, but once it is accepted that a blotter paper ingested/impregnated with LSD, is used as a medium of consumption, the same will squarely fall within the definition of the term 'preparation', as defined in Section 2 (xx) of the NDPS Act," the Court said.

It was therefore concluded that the legislative intent of the NDPS Act and the blotter paper ingested with LSD will have to be considered as a whole, while determining whether the quantity is a small or commercial quantity.

With the aforesaid observations, the Court quashed the impugned order directing the FSL, Gujarat to weigh the LSD sans the blotter paper.

"However, for the reasons stated hereunder, it is necessary to send the samples again to the FSL for testing," the Court said.

"Thus, reliance placed by the learned Special Judge (NDPS Court) on the order passed in Hitesh Malhotra's case, for sending the samples for testing, cannot be accepted, for the reasons stated aforesaid," it added.

Title: Narcotics Control Bureau v. Anuj Keshwani & Anr.

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