In a significant ruling, the Kerala High Court has reaffirmed that mushrooms, specifically "magic mushrooms," cannot be classified as scheduled narcotic or psychotropic substances under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. This decision was delivered by Justice P.V. Kunhikrishnan, who aligned with prior judgments from the Karnataka and Madras High Courts, emphasizing that mushrooms are fungi and should not be treated as mixtures containing narcotic substances.
Case Background
The case in question involved a petitioner arrested in October 2024 for possessing and transporting charas, ganja, 226 grams of psilocybin-containing magic mushrooms, and 50 grams of psilocybin-containing magic mushroom capsules. The authorities charged the individual under Sections 22(c) and 8(c) read with 20(b)(ii)(A) of the NDPS Act. The defense argued that while charas and ganja were found in small quantities, the psilocybin content in the seized magic mushrooms and capsules was not separately quantified. They further contended that, given the average psilocybin content in Psilocybe cubensis mushrooms is approximately 1% per gram, the total quantity seized would still constitute a small quantity under the NDPS Act.
Legal Reasoning and Judgment
Justice Kunhikrishnan observed that both charas and ganja seized were in small quantities. He highlighted that, according to the NDPS Act, mushrooms or magic mushrooms are not listed as narcotic drugs or psychotropic substances. The court acknowledged the presence of psilocybin in the seized mushrooms but emphasized that mushrooms, being fungi, should not be considered mixtures. This perspective was supported by referencing the Karnataka High Court's decision in Saeidi Mozdheh Ehsan v. State of Karnataka and the Madras High Court's ruling in S. Mohan v. State through The Inspector of Police, Kodaikanal Police Station. Both courts had previously determined that mushrooms could not be treated as mixtures but only as fungi.
The court further referred to the Supreme Court's decision in Hira Singh v. State of Union of India, which stated that when determining 'small' or 'commercial' quantities under the NDPS Act, the total weight of a mixture containing narcotic drugs or psychotropic substances, including neutral substances, must be considered. However, since mushrooms are not classified as mixtures but as fungi, this principle was deemed inapplicable in the present case.
Implications of the Ruling
This judgment underscores the importance of precise classification under the NDPS Act. By distinguishing mushrooms from scheduled substances and mixtures, the court has set a precedent that could influence future cases involving naturally occurring substances containing psychoactive compounds. The ruling also highlights the necessity for legislative clarity regarding the status of such substances to ensure consistent legal interpretations.
Conclusion
The Kerala High Court's decision reinforces the legal perspective that magic mushrooms, in their natural form, are not classified as narcotic or psychotropic substances under the NDPS Act. This aligns with previous judgments from other high courts, promoting a uniform approach to the legal treatment of naturally occurring fungi containing psychoactive compounds. The ruling also emphasizes the need for clear legislative guidelines to address the complexities associated with substances that contain psychoactive elements but are not explicitly listed under current narcotic laws.
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