The Kerala High Court noted that a mushroom or magic mushroom cannot be considered a narcotic substance. The court was considering the bail petition of a Bengaluru man who was arrested for possession and transportation of charas, ganja and 226 gms of magic mushroom.
The court said mushroom or magic mushroom is not a narcotic or psychotropic substance under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. While considering the petition, Justice PV Kunhikrishnan stated that mushroom is not a mixture and It is only fungi.
Citing similar judgments from Karnataka High Court and Madras High Court, PV Kunhikrishnan further stated that, “Mushroom or magic mushroom cannot be treated as a mixture. Therefore, dealing with small quantities and commercial quantities is not applicable as far as Mushroom or magic mushroom is concerned. Admittedly, the mushroom or magic mushroom is not a scheduled narcotic or psychotropic substance,” he said.
The petitioner Rahul Rai was arrested by Mananthavady excise officials on October 4 with charas, ganja and 226 gm of Psilocybin containing magic mushroom and 50gm Psilocybin containing magic mushroom capsules. He was registered under different sections of the NDPS Act. The petitioner was in custody for 90 days and considering all these, the court accepted the bail petition, with conditions.
