Justice Konnikrishnan also noted that the quantities of charas and ganja were relatively small, making him eligible for bail. However, the total weight of the psilocybin products, which amounted to 276 grams, raised questions. Ray’s lawyer said the prosecution failed to determine the psilocybin content in the seized magic mushrooms.
The public prosecutor opposed bail, asserting that under the NDPS Act, a small quantity of psilocybin is capped at 2 grams, while a commercial quantity is capped at 50 grams. The prosecution stressed that any mixture containing narcotic substances or psychotropic substances must be fully evaluated when determining whether it falls under the “commercial” or “small” quantity.
However, the Supreme Court rejected the state’s view, concluding that there was insufficient evidence to prove that Ray possessed a commercial amount of psilocybin. It has also been noted that psilocybin does not chemically bond with mushrooms but rather exists naturally as an active compound within mushrooms.
Citing studies that the psilocybin content in mushrooms is only about 1% per gram, the court clarified that only the weight of psilocybin should be taken into account for determining the quantity of contraband under the NDPS Act, and not the full weight of the mushroom.
Since the quantity did not meet the commercial quantity threshold, the restrictions set out in Section 37 of the NDPS Act, which normally prevent the grant of bail, were deemed inapplicable.
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