The weight of the paper containing dried LSD drops of LSD solution should not be accounted while determining its quantity, and the quantity of contraband was below the commercial 'quantity', leading to the inapplicability of Section 37 of the NDPS Act.

JUDGMENT :

1. Heard.

2. On 8.6.2019 on personal search of the applicant, 10 square pieces of papers containing LSD drops of LSD solutions were found and recovered. Subsequently, on the same day, in house search, 13 pieces of brown colour papers each admeasuring 1/1 cm in size containing LSD drops of LSD solution were recovered. Additionally, 970 gms (570+400 gms) of charas, kept in the cupboard was recovered. Applicant was apprehended on 8.6.2019 for the offences punishable under Sections 8(c), 20(b), 22(c) and 29 of the Narcotics Drugs and Psychotropic Substances Act (NDPS Act for short) “” in connection with Crime No.153/2019 is registered with Vartak Nagar Police Station, Thane.

3. Applicant is seeking bail on the ground that quantity of contraband i.e. LSD and charas allegedly found and recovered from the person of applicant and his house was less than the, commercial ‘ quantity’, and therefore rigors of Section 37 of the NDPS Act, are not applicable to the facts of this case. Besides, it is contended that, applicant has no criminal antecedents. Also submitted that, the investigation is over and applicant’s presence for the trial can be secured by imposing appropriate conditions.

4. Before appreciating the submissions advanced by the Counsel for the applicant, it may be stated that;

LSD is sold on the street in small tablets (micro dots), capsules or gelatin squares. In its pure state, LSD is white, odourless substance. However, LSD is so potent that an effective small dose of pure drug, is virtually invisible. As a result, it is usually diluted in other materials.

In this case, drug was found in the form of drops, dried onto 23 pieces of papers.

5. It may be stated that, at serial no.133 of Table appended to the Act, small quantity in relation to LSD is 0.002, whereas, commercial quantity is 0.1 gms and sofar as charas is concerned, commercial quantity is 1 kg.

6. Learned Counsel for the applicant would submit that, total weight of 10 pieces of paper containing LSD drops, found on the person of the applicant was 140 milligrams. However, 13 pieces of papers containing drops of LSD solution allegedly found and recovered, from applicant ’s house, it’s weight has not been stated either in panchanama, nor it could be found in the chargesheet. Relying on the CA report, it is contended that, ‘net’ weight of the drops of LSD solution on the 23 papers (Exhibit No.1/1, , 1/3 and Exhibit ½ No.(2)), as found was 0.4128 milligram which is less than commercial quantity i.e. 0.1 gm. Counsel would therefore argue that, weight of ‘LSD drops’ and ‘charas’ (970 gram), allegedly recovered was less than ‘commercial quantity’ and therefore there is no impediment in releasing the applicant on bail, in as much as, rigors of Section 37 are not applicable to the facts of this case.

7. On the other hand, learned APP has supported the order passed by the learned Sessions Court and also relied on the judgment of the Apex Court in the case of Hira Singh & Anr. V/s. Union of India (Criminal Appeal No. 722/2017).

8. I have perused the First Information Report, Recovery Panchanamas and Chemical Analysers report. At the’ outset, it may be stated that the most common form of LSD is drop of LSD solution dried onto piece of paper or gelatin sheet, pieces of blotting papers which releases the drop when swalloed/consumed. In this case, drug was found in the form of drops dried onto 23 pieces of papers. Thus, process of drying LSD solution on a piece of paper, merely facilitates consumption of drug. This process neither changes the substance of the drug or its chemical composition. It is argued by the State, that since dried LSD drops of LSD solution, cannot be segregated or separated from the papers, it amounts to a ‘mixture’ and therefore the weight of the paper is to be counted with ‘LSD dots’ for determining the quantity of drug which was more than 0.1 gram. The learned APP relies on Entry-239 of the Table and Footnote-(4) appended thereto of the NDPS Act. Entry No