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Digitally Signed
By:DEEPANSHU     BAIL

Signing Date:22.04.2025
16:05:28

8. The team opened parcel bearing AWB No. V87616631, which was addressed to Abhishek Anil. When opened 500 blots of LSD weighing 8.34 grams was recovered from the parcel. Notice was issued to Abhishek Anil u/s 67 NDPS Act. Abhishek Anil is his statement disclosed that the said parcel was ordered under the instructions of Jithin Cherain (Petitioner in Bail Appln. 4498/2024). He further disclosed that Jithin resided in Himachal Pradesh and ran a Café called "Echoes of Nature" at Barshaini, Kasol. Additionally, Abhishek Anil had received 2 parcels containing LSD blots and charas at his house which belonged to Jithin. Another parcel dated 13.04.2023 was collected by Jithin in person from Abhishek Anil‟s house on 15.04.2023. Abhishek Anil on the instructions of NCB had called Jithin over Whatsapp and talked to him about the LSD parcel. It is alleged that over the phone Jithin told Abhishek Anil to count and ensure that there were 500 LSD blots and told him to send the LSD blots to Himachal Pradesh with „some parcel‟ for which Jithin assured booking tickets. Abhishek Anil also stated that in April 2023, he had received another parcel containing 10008 blots of LSD.

9. The police issued notice under Section 67 NDPS act on 20.04.2024 and 21.04.2024. On 21.04.2024 in continuation of his previous statement Abhishek Anil stated that Jithin had informed him that a person would come and the fetch the LSD blots paper, call was received from Mob. No. 8921209839.Such person was Lino Lalychan.

10. On 22.04.2023 the NCB issued a notice under S. 67 NDPS Act to Jithin, thereby he stated that he had booked parcel AWB No. V87616631 in the name of Abhishek Anil and after receiving such parcel Abhishek Anil would hand it over to him. He further stated that the said parcel contained 500 LSD blots and after receiving the same he was going to hand it over to Ganesh, who is working in a café at Himachal. On 24.04.2023 the petitioner was arrested. On Digitally Signed By:DEEPANSHU BAIL Signing Date:22.04.2025 16:05:28 24.04.2023, in his „voluntary‟ statement the petitioner deposed that his friend Joyal Joseph had told him that if they provided a landing address for LSD blots he would give them a commission and there was no risk in booking it through the dark web.

12. During investigation accused Vaibhav Yadav disclosed that he is a student at IIITD, Okhla Industrial Estate, Phase III, New Delhi - 110020. He further disclosed that the co-accused Arnav Dhankar (Petitioner in Bail Appln. 2409/2024) booked the said parcel through darkweb at his college address. He further stated that Arnav is his school friend at Venkateshwar International School and Arnav is presently studying at NLU, Kolkata. Vaibhav further stated that whenever Arnav came to Delhi he used to come and meet Vaibhav. On one such meeting he had told Vaibhav that he is on darkweb and he knows many vendors who deal in LSD. Vaibhav Yadav further deposed that Arnav Dhankar had ordered the parcels containing LSD twice and had paid through BTC on darkweb. He stated that as Arnav was a permanent resident of Vikaspuri, Delhi he had given his college address for booking the parcels. It is further alleged that Arnav had booked LSD blots at the same address in the name of Vaibhav Sharma and after booking had shared the tracking ID. When the parcel used to Digitally Signed By:DEEPANSHU BAIL Signing Date:22.04.2025 16:05:28 arrive the delivery boy would call Vaibhav informing about the arrival of the parcel and then it was received by the reception guard of the college.

88. The counsel for the petitioner also relies on Section 64A NDPS Act which provides that addicts charged with offences involving small quantities of narcotic drugs or psychotropic substances will not be liable to prosecution if they undergo medical treatment for de-addiction. It is stated that the intent behind the provision is to rehabilitate those who use prohibited substances for personal consumption. It is stated that if the weight of the blotter paper is also included in determining the weight of LSD, Section 64A of the Act will be rendered meaningless as it would be impossible to ever be in possession of a small quantity of LSD and therefor be eligible for de-addiction treatment. It is submitted that in the present case, if the weights of the blotter paper are included, the weight one blot of LSD would be 0.85 grams divided by 50 blots = 0.017 grams. Thus, one blot of LSD is more than eight times the small quantity (0.002 grams). It is stated that such an interpretation makes the small quantity for LSD, provided under NDPS meaningless and ineffective. It is further submitted that Courts should interpret the law in such a manner so as to give effect to the intention of Parliament in deciding a small quantity for LSD and providing the mechanism for de-addiction.