PROBLEM NO. 8 A drug addict wants to volunteer to undergo de addiction process. However, an addict is liable to be prosecuted under Narcotic Drugs and Psychotropic substances Act 1985, Advise him.
Any person who is in possession of Narcotic Drugs, even in small quantity is liable to be punished under Sec 27 of the Narcotic Drugs and Psychotropic substances Act 1985. However, the Act provides immunity to persons who volunteer to undergo medical treatment under de-addiction centre.
The victim can invoke Sec 64A of the NDPS Act, which was particularly incorporated for drug addicts who volunteer to get medical treatment.
The Section 64 A reads as follows.
Immunity from prosecution to addicts volunteering for treatment:
Any addict, who is charged with an offence punishable under section 27 or with offences involving small quantity of narcotic drugs or psychotropic substances, who voluntarily seeks to undergo medical treatment for de-addiction from a hospital or an institution maintained or recognised by the Government or a local authority and undergoes such treatment shall not be liable to prosecution under section 27 or under any other section for offences involving small quantity of narcotic drugs or psychotropic substances: Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction.