1. Heard the learned Counsel.

2. The issue in this reference is whether the combined weight of the L.S.D. and the blotter or just the weight of the pure L.S.D. is relevant to determine the small or commercial quantity and the consequent punishment under the NDPS Act, 1985.

3. Hitesh Hemant Malhotra v. State of Maharashtra 2020 SCC OnLine Bom. 3581 , delivered by S. K. Shinde, J. holds that only the weight of the Pure L.S.D. matters. In Narcotics Control Bureau v. Anuj Keshwan 2021 SCC OnLine Bom. 4548 Revati Mohite Dere, J. holds that the combined weight of the blotter impregnated with L.S.D. is determinative in such matters.

4. On 28.07.2022, S. K. Shinde, J. made a referral order in Criminal Application (Bail) No. 752/2021 (F) after noticing the above conflict and formulated the following questions for reference to a Bench of two Judges.
i. Whether blotter paper forms an integral part of the L.S.D. (drug), when put on it for consumption and, as such, weight of blotter paper containing L.S.D. will have to be considered for the purpose of determining small or commercial quantity of the offending drug, under the Narcotic Drugs & Psychotropic Substances Act, 1985?
ii. Whether blotter