NCB filed an appeal challenging an order issued by the Special NDPS Court in an application submitted by one Anuj Keshwani, who is a defendant in the narcotics case involving Bollywood actor Sushant Singh Rajput’s death.
By: Sargam Vohra, IIMT
The Narcotics Control Bureau (NCB) has asked the Bombay High Court to rule on whether the weight of paper should be considered for measuring LSD for prosecution under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The NCB has filed an appeal against an order issued by the Special NDPS Court in Mumbai in response to an application made by one Anuj Keshwani, who is a defendant in the narcotics case involving Bollywood actor Sushant Singh Rajput’s death.
The Special Judge had ordered NCB to send Keshwani’s sample to the Forensic Science Laboratory (FSL) in Gandhinagar, Gujarat, to determine the weight of suspected LSD pills without the blot paper and whether the sample’s weight included the weight of the paper. NCB has filed a motion to stay the order pending the outcome of the appeal.
Advocate Shreeram Shirsat, representing NCB, requested a brief adjournment because the Additional Solicitor General wished to speak to the Court on a legal issue.
Keshwani’s lawyers, Tareq Sayed and Gayatri Gokhale, asked the Court to direct NCB to proceed with the re-weighing of the narcotics as directed by the lower court, so that the report is ready by the next date, which may or may not be considered depending on the outcome of the appeal.
Shirsat was adamantly opposed to the prayer, claiming that it would equal to deciding the appeal’s interim prayer.
As a result, Justice AS Gadkari postponed the hearing till Wednesday, when he will rule on the interim prayer.
The LSD sample weighed 0.62 gramme, according to the FSL report included in the chargesheet. According to the NDPS Act, the commercial quantity of LSD is 0.1 gramme. The report did not specify if the weight of the LSD drops includes the weight of the blot paper as well.
NCB’s appeal challenged the Special NDPS Court’s decision, claiming that the Special Judge should have reviewed the full NDPS Act when weighing the drug’s weight.
It was contended that the Act was never intended to punish people for their “pure drug content,” and that the phrase “narcotics” embraced combinations and preparations.Furthermore, rather than the weight of the active component, the Act included the “street weight” of the drug in the form in which it was marketed.
Drops of LSD solution dried onto a piece of paper or gelatinous sheet and pieces of blotting sheets are the most frequent form of LSD sold on the streets. As a result, the paper was included in the drug’s packaging, according to NCB.
As a result, the appeal requested that the weight of the paper be taken into account when deciding whether the LSD was a commercial or small quantity.
NCB argued that the Special Judge’s order allowing the sample to be reweighed was consistent with the Supreme Court’s decision in E Michael Raj v. Intelligence Officer, Narcotic Control Bureau. In the case of Hira Singh v. Union of India, the Supreme Court ruled that this directive was “not a good legislation.”