The petitioner was booked by the Narcotics Control Bureau (NCB), Bengaluru in May 2021 for consuming ganja
The petitioner was booked by the Narcotics Control Bureau (NCB), Bengaluru in May 2021 for consuming ganja
A 34-year-old drug addict got a chance to reform, with the High Court of Karnataka staying criminal proceedings against him after he voluntarily agreed to undergo medical treatment at a hospital recognized for de-addiction programme.
Justice M. Nagaprasanna passed the order on a petition filed by Rafasal KR, who is living in a luxury apartment near Whitefield in Bengaluru.
quashing demand
The petitioner had sought quashing of the case against him for voluntarily undergoing de-addiction treatment. While the court refused to quash the proceedings at this stage, it allowed it to seek treatment in accordance with Section 64A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which allows drug addicts voluntarily for treatment. Provides immunity from prosecution.
The court also asked him to file a report on the success or otherwise of de-addiction treatment and his health status by November 21.
NCB. booked by
The petitioner was booked by the Narcotics Control Bureau (NCB), Bengaluru in May 2021 for consumption of ganja. He was introduced as one of the accused based on the statement given by an alleged drug peddler, Abhishek Roy. Roy had given the names of his clients including the petitioner to NCB.
Rafasal was booked under section 27 of the NDPS Act for drug abuse, which provides for imprisonment of up to one year and fine if found guilty.
The petitioner admitted before the High Court that he was a drug addict and filed an affidavit promising to undergo the addition program as per the NDPS Act.
provision of law
Section 64A of the NDPS Act states that any addict who is accused of an offense punishable under section 27 or an offense involving narcotics or psychotropic substances in small quantities, who voluntarily seeks medical treatment for de-addiction from a hospital wants to pass. An institution recognized by the Government and the institution undergoing such treatment shall not be liable to prosecution under section 27 or under any other section for offenses involving small quantities of narcotic drugs or psychotropic substances.
However, this exemption from prosecution can be withdrawn if the addict does not undergo complete treatment for de-addiction, the Act says.