Mumbai: High Court Bombay on Friday gathered a number of questions about how other forensic laboratories tested the weight of the LSD and also tried to find out whether the narcotics control bureau was willing to send the alleged blotter paper from the drug vendor, returning to the laboratory hall for retest, after his lawyer said The heavy paper should not be counted.
HC heard the request submitted by the NCB who challenged the sequence of the April special trial court directed him to send samples to the Forensic Science Laboratory, Gandhi Nagar, Gujarat, to ensure the weight of the Lisergic Acid (LSD) intended.
, hugeinogenic narcotics, sans paper blot.
Additional lawyer General Anil Singh, who represents NCB, said no need to send the material confiscated for the re-examination to the laboratory, but the agency is willing to submit an additional Affidavit which is clear about whether the lab has tested the entire material confiscated too.
The HC bench from the Justice Revati Mohite Dere concluded to hear this problem and reserve it to assessment, at achievement.
The battle above the weight of the drug and the legal point on whether the paper’s weight problems consider it important as a violation under narcotics narcotics and psychotropic substances (NDPS) acting depending on the weight of the drug for punishment.
If the number is ‘small,’ less punishment; For ‘commercial’ values, the sentence is severe and there is a bar on a guarantee.
The commercial value of the LSD is 0.1 grams because of its potential.
Keshwani was found to have 0.62 GM, said NCB last September when 31 Blotter papers with LSD were restored during search, regardless of other drugs.
The FSL report in the case of Keshwani was silent on whether the blotter paper was weighed too, his lawyer said, and thus “disability.” The case is that Panchnama seizures on September 6, 2020, is for 42 blot papers weighing 0.62 GM, and the FSL report recorded the weight of the LSD as 0.62 in 31 papers on March 2, 2021.
LSD was placed as small dots on blotter paper for consumption.
ASG, along with advocate Shiram Shirsat for NCB, said because the paper is also consumed, it forms a part of the mixture and when confiscated, the weight must also be taken into account.
HC orders have previously held blotter paper just become a carrier material and not part of the mixture.
The NCB relies on the decision of the Supreme Court recently in the case of Hira Singh, who said the heavy mixture of drugs sold on the road must be considered including neutral substances, not just its pure shape.
Traders were assisted by Gayatri Gokhale’s advocate in his argument when he agreed with the scores of SC in the case of Hira Singh, the assessment would not apply to the facts of the case of Keshwani because the LSD contained in the blot or preparation in accordance with the definition of the NDPS Law.
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