The Karnataka High Court has ruled that when weighing the quantity of the illicit drug, it is imperative to account for the weight of the blotter paper, which is deemed a neutral substance.
"Blotter paper is a carrier material for psychotropic substance LSD. These blotter papers are ingested with LSD, and therefore, it forms an integral part of the ingestion by the user of the same," Justice S Vishwajith Shetty said, while refusing to quash the proceedings against the petitioner, Kalam Narendra alias Pandu from Bengaluru.
The court noted that although ganja gummies were seized, they were not of commercial quantity. The dispute concerns the quantity of LSD. The seized LSD tested positive in the FSL chemical examination, but the quantitative and qualitative test report is still pending.
"If the weight of the offending drug along with the blot of paper is considered, the same totally weighs 0.11 grams, which is a commercial quantity. Therefore, the argument that each paper blot may contain 30 to 50 microgrammes of psychotropic substance and therefore, the seized contraband article LSD is of small quantity is liable to be rejected,” Justice Vishwajith Shetty said.
The court further said, "If the contraband article LSD is of commercial quantity, Section 22(c) of the NDPS Act is applicable and the punishment provided for the said offences is rigorous imprisonment for a term which shall not be less than 10 years, but which may extend to 20 years and shall also be liable to fine, which shall not be less than Rs 1 lakh, which may extend to Rs 2 lakh."
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