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"The paper with LSD drops, as a whole, is neither "preparation" nor a "mixture" within the meaning of the NDPS Act. Interestingly, Malhotra moved the high court for bail after the Thane sessions court refused him bail on the ground that the quantity of the contraband material recovered from him was commercial. Commercial quantity in the case of LSD is 0.1 gm and 1kg in the case of charas. On the basis of the chemical analyser's report, Oak claimed that the actual quantity of LSD recovered from the 39-year-old was 0.4128 milligram, much smaller than the commercial quantity (0.1 gm). Oak further said that the recovered charas too was below the commercial quantity and therefore, there was no legal impediment in releasing the accused on bail.
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