The kerala excessive courtroom has noted that "magic mushroom" can't be considered a scheduled narcotic substance below the Narcotic drugs and Psychotropic materials Act.
Justice P v Kunhikrishnan stated the karnataka HC and madras HC's decision in the Saeidi Mozdheh Ehsan v. state of karnataka, and S. Mohan v. nation, respectively, and stated that mushrooms ought to most effective be considered as a fungi.
"i am in ideal settlement with the selections of the karnataka high court and madras excessive courtroom. mushroom or magic mushroom cannot be treated as a mixture. therefore, observe four of the table managing the small quantity and business amount isn't always relevant as a long way as mushroom or magic mushroom is concerned. Admittedly, the mushroom or magic mushroom is not a scheduled narcotic or psychotropic substance," LiveLawquoted the kerala HC as pronouncing.
The court became listening to a bail petition of a petitioner who changed into arrested in october 2024 for the possession and transportation of "charas, ganja and 226gm of Psilocybin contained magic mushroom and 50gm Psilocybin contained magic mushroom capsules" as in step with the file.
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however, the courtroom mentioned that the charas and ganja have been located to be in small portions and magic mushrooms did now not qualify as narcotic consistent with the NDPS Act.
"whether or not a mushroom may be taken into consideration as a aggregate? i'm not in a position to simply accept the contentions of the prosecution that mushroom is a aggregate. it's miles simplest fungi. The karnataka high court docket in Saeidi Mozdheh Ehsan v. state of karnataka, taken into consideration a similar query," the court went on to say.
relying upon the decision of the ideally suited courtroom in the Hira Singh v nation of Union of India, the court further cited that together with the actual weight of the offending drug, the quantity of neutral materials inside the aggregate need to also be considered while determining 'small or commercial quantity' underneath the NDPS Act.
therefore, thinking about a majority of these factors and the reality that the petitioner was in prison for ninety days, the court allowed his bail petition.
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