Team Herald
MARGAO: The High Court of Bombay at Goa on Wednesday held that the blotting papers containing the psychotropic drug LSD will have to be considered to determine small or commercial quantity of the drug under the Narcotics Drugs and Psychotropic Substances (NDPS) Act 1985. The Court verdict will have impact on many NDPS cases in the State wherein LSD was seized from accused persons.
The High Court was hearing a petition of an NDPS accused H S Arun Kumar, who is presently in judicial custody.
After two single judge benches while hearing the matter reached to different findings or conclusions on the issue of whether the combined weight of the blotter and LSD is determinative in such matters, the case was referred to division bench of the High Court comprising Justice Mahesh Sonak and Justice B P Deshpande.
The Court while delivering the verdict said that combined weight of the LSD and the blotter paper is determinative factor to decide whether it is small or commercial quantity and not the view that only the weight of pure LSD is the determinative factor.
The judgment will have impact on various cases and the consequent punishment under the NDPS Act, 1985 that are booked and are being tried in Goa.