DHANARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner/Accused, who was arrested and remanded to judicial custody on 27/7/2024 for the offences punishable under Ss. 8(c), 22(C), 20(b)(ii)(A) of NDPS Act, in crime No.268 of 2024, on the file of the respondent police, seeks bail.

(2.) The learned Counsel for the petitioner would submit that in this case even though the scientific report is now received and it contains the chemical namely, Psilocybin, it should be seen that the further ingredients with reference to the chemicals mentioned therein, is not mentioned in the report. He would further submit that the magic mushroom is a natural produce. In the said natural produce, how much quantity of the concerned psychotropic drug is present, is not mentioned in the report. If only the quantity of the drug exceeds 550 grams, it would become a commercial quantity and not the total weight of the mushroom itself should be considered. The learned Counsel for the petitioner would also rely upon the judgment of the learned Single Judge of the Karnataka High Court, dtd. 3/5/2013 made in Criminal Petition No.17 of 2013, morefully relying upon paragraph No.6 and the same is extracted hereunder:

(3.) Per contra, the learned Additional Public Prosecutor would submit that only to overcome such arguments, the NDPS Act itself was amended by Narcotic Drugs and Psychotropic Substances (Amendment Act 2014) (Central Act No.16 of 2014) and the said amendment seeks to clarify the legislative intent to take the entire quantity of drugs seized and determining the quantum of punishment and not the pure drug content and would oppose the prayer of the petitioner.