Karnataka High Court: Blotter Paper Weight Crucial in Drug Quantity Weighing

Karnataka High Court: Blotter Paper Weight Crucial in Drug Quantity Weighing

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.

In January 2024, officers from the Narcotics Control Bureau (NCB), Bengaluru Zonal Unit, seized a suspected parcel from the postmaster following a panchnama. Within the parcel, they uncovered 10 strips of LSD weighing 0.11 grams and 34.38 grams of ganja gummies.
 
Utilizing a controlled delivery method through a decoy parcel, delivered to a residence in Dooravani Nagar, Narendra was arrested and subsequently placed in judicial custody.
 
The petitioner sought the annulment of the arrest memorandum dated January 5, 2024, contending that the First Information Report (FIR) lodged against him for offenses under sections 8(c), 20(b)(ii)(A), 22(c), 27, and 28 of the NDPS Act constituted an abuse of legal procedure.
 
He argued that the seized drug was intended for his personal use. Additionally, he asserted that if the weight of the blotter paper is subtracted, the total quantity of the 10 LSD strips seized would amount to small quantities, as each strip typically contains a maximum of 30 to 50 micrograms of the psychotropic substance. 

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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