Bombay HC: To determine Small or Commercial Quantity of Offending Drug, Blotter Paper weight containing LSD is Integral

Anushka Sharma –

Published On: November 30, 2021 at 12:30 IST

The Bombay High Court ruled on Monday that blotter paper becomes an integral part of the Lysergic Acid Diethylamide (LSD) drug when it is placed on it for consumption, and that the weight of such blotter paper containing LSD must be taken into account when determining small or commercial quantities of the offending drug.

Justice Revati Mohite Dere was hearing an Appeal filed by the Narcotics Control Bureau in response to an application filed by Anuj Keshwani, Accused in the Death of Bollywood actor Sushant Singh Rajput, challenging a trial Court’s order directing that 31 LSD blotter papers allegedly recovered from Keshwani be sent to the Forensic Science Laboratory in Gandhinagar, Gujarat, for re-testing.

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?

After reviewing the relevant case Law, the Court came to the conclusion that blotter paper can be eaten and is employed as one of the methods for eating 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 noted that the blotter paper ingested with LSD is, in a sense, a dose, and that the paper is made of an extra-absorbent material, which typically includes ingredients such as rice, cotton, and even flax seed, making it edible and thus a substance in a dosage form or a mixture for consumption.

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.

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