Kerala, January 20: The Kerala High Court recently granted bail to a man accused of possessing charas, ganja, magic mushrooms and magic mushroom capsules. While passing the bail order, the state's top court said that magic mushrooms are not scheduled narcotic substances under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The court also observed that magic mushrooms cannot be treated as a mixture of a neutral substance and a psychotropic substance under the NDPS Act.
During the case, the high court bench of Justice PV Kunhikrishnan said that magic mushrooms could not be considered a narcotic drug by itself nor was it a mixture of a drug and a neutral substance although they contain small amounts of psilocybin (a scheduled narcotic drug). The view was supported by judgments rendered by the Karnataka High Court and the Madras High Court. Honey Rose Controversy: Kerala High Court Grants Bail to Businessman Boby Chemmanur; Says ‘Body Shaming Not Acceptable’.
"I am in perfect agreement with the decisions of the Karnataka High Court and Madras High Court. Mushroom or magic mushroom cannot be treated as a mixture. Therefore, Note 4 of the Table dealing with the small quantity and commercial quantity is not applicable as far as Mushroom or magic mushroom is concerned," Justice Kunhikrishnan said. In his defence, the petitioner's counsel stated that even if the entire mushroom weight was considered, the psilocybin content in them would be minimal. This means, only a small quantity of contraband could be attributed to the accused.
While the state countered by saying that magic mushrooms should be treated as a mixture containing psilocybin. The state also said that the if the same was done, then the entire weight of the mushrooms (and not just the psilocybin) seized from the accused would exceed the threshold for "commercial quantity". However, the high court rejected the state's view. The court also said that the quantity of contraband seized from the accused was not of commercial quantity. Calling a Woman’s Body Structure ‘Fine’ Prima Facie Sexual Harassment, Says Kerala High Court; Refuses To Quash FIR Against Man.
The accused was granted bail on several conditions, after the high court noted that the petitioner had no criminal history and the fact that he was in jail for 90 days since his arrest in October 2024.
(The above story first appeared on LatestLY on Jan 20, 2025 09:04 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).