wp-2077-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 2077 OF 2021

Narcotics Control Bureau,

Mumbai Zonal Unit,

3

rd Floor, Exchange Building,

SS Ram Gulam Marg, Ballard Estate,

Mumbai – 400 001

(Through Intellingence Officer,

K. Kiran Babu, NCB, Mumbai)

C.R. No. 16 of 2020

...Petitioner

Versus

1. Anuj Keshwani S/o Sanjay Keshwani,

Age – 30 years, R/o. Flat No. B-15,

B Wing, First Floor, U. P. Nagar Building,

Dr. Ambedkar Road, Behind Gulshan Dairy,

Khar (W), Mumbai – 52

(Presently lodged in Arthur Jail in

NCB C. R. No. 16 of 2020)

2. The State of Maharashtra

...Respondents

Mr. Anil C. Singh, ASG a/w Mr. Aditya

Thakkar, Mr. Advait Sethna,

Mr. Shreeram Shirsat, Ms. Smita

Thakur, Mr. Pranav

Thacker and

Mr. Amandeep Singh Sra for the Petitioner

Mr. Rizwan Merchant a/w Mr. Taraq Sayed, Ms. Gayatri Gokhale and

Ms. Zainba Abdi for the Respondent No.1

Mr. S. S. Hulke, A.P.P for the Respondent No.2– State

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SHAGUFTA

Q PATHAN

Digitally signed by

SHAGUFTA Q PATHAN

Date: 2021.11.29

15:59:48 +0530

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CORAM : REVATI MOHITE DERE, J.

RESERVED ON : 3

rd SEPTEMBER 2021

PRONOUNCED ON : 29

th NOVEMBER 2021

JUDGMENT :

1

Heard learned Additional Solicitor General (`ASG’) for the

petitioner-Narcotics Control Bureau ('NCB'), and the learned counsel for the

respondent No. 1.

2

Rule. Rule is made returnable forthwith at the request and with

the consent of the parties and is take up for final disposal.

INTRODUCTION :

3

A very interesting and a crucial question, which will have a

bearing in several Narcotic Drugs and Psychotropic Substances (`NDPS’)

cases, in which blotter paper containing Lysergic Acid Diethylamide (`LSD’)

is seized, has arisen in this petition i.e. whether the blotter paper forms an

integral part of the LSD drug when put on a blotter paper for consumption ?

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FACTS :

4

A few facts as are necessary to decide the aforesaid petition are as

under :

According to the prosecution, during the course of investigation

of CR No.16/2020, registered with the NCB, a voluntary statement came to

be recorded of one Kaizan Ebrahim. It is alleged that the accused - Kaizan

Ebrahim disclosed the respondent No.1's name, as a receiver of

ganja/marijuana. In the house search of respondent No.1 a total of 585 gms

of hashish/charas; 270.12 gms of marijuana/ganja; 3.6 gms of THC; and 0.62

gms of LSD (31 blot papers) were allegedly recovered. The said contraband

was seized under a panchanama by the petitioner-NCB on 6

th September 2020.

Pursuant thereto, the petitioner sent the recovered samples/contraband for

examination to the Forensic Science Laboratory (`FSL’), Gujarat. After receipt

of the report from the FSL, Gujarat and after completion of investigation, the

NCB filed a complaint in the Special Court for NDPS, Mumbai. The

respondent No.1-Anuj Keshwani preferred an application before the learned

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Special Judge contending therein, that as per the charge-sheet and as per the

FSL Report, the LSD contained in 31 blotter papers showed that it weighs

0.6200 gms, however, the FSL report was silent about the weight of the LSD

drops, sans the blotter papers. It was further contended that the weight

mentioned in the FSL report i.e. 0.6200 gms, included the weight of the

blotter papers alongwith the LSD drops and that the weight of the blotter

papers was required to be excluded. According to the respondent No.1, the

weight of the blotter papers could not be taken int