Justice Kunhikrishnan also pointed out that the quantity of chara and ganja was relatively small and would be eligible for bail. However, the total weight of the psilocybin product reached 276 grams, raising questions. Lai’s lawyer argued that prosecutors were unable to determine the amount of psilocybin in the confiscated magic mushrooms.
Prosecutors opposed bail, arguing that the NDPS Act defines a small amount of psilocybin as 2 grams, while the commercial quantity is set at 50 grams. Prosecutors argued that when determining whether a mixture containing a narcotic drug or psychotropic substance qualifies as “commercial use” or “small amounts,” it should be evaluated in its entirety.
However, the high court rejected the state’s position and concluded that there was insufficient evidence to prove that Mr. Lai was in possession of a commercial quantity of psilocybin. They also pointed out that psilocybin is not chemically bound to mushrooms, but rather occurs naturally as an active compound within mushrooms.
The court cited a study showing that mushrooms contain only about 1% psilocybin per gram, and that only the weight of psilocybin, not the total weight of the mushroom, is required when determining the amount of contraband under the NDPS Act. It was clarified that this should be taken into account.
As the quantity did not meet the commercial quantity criteria, the limitations outlined in Section 37 of the NDPS Act, which normally prevent grant of bail, were deemed not applicable.
