BENGALURU: Staying the proceedings under Narcotics and Psychotropic Substances Act against an accused who is a drug addict, the Karnataka High Court permitted him to enrol into a de-addiction programme and produce a report regarding his state of health to quash the proceedings against him in view of Section 64A of the Act which grants immunity from prosecution to addicts volunteering for treatment.
Hearing the petition filed by 34-year-old Rafsal KR from the city, challenging the proceedings on grounds of immunity under the NDPS Act, Justice M Nagaprasanna passed the order, and adjourned the hearing to November 24, 2022.
Based on the voluntary statement of Abhishek Roy, from whose flat ganja and MDMA was seized on February 8, 2021, the petitioner was arraigned as an accused, and the special court took cognisance of the offences against him.
The petitioner moved court contending that he has purchased drugs only for his consumption as he is a drug addict. He is entitled to protection under Section 64A of the Act and prosecution unless there are other materials to show he was trafficking drugs, the counsel for the accused argued.
The prosecution argued that the petitioner has also given drugs to his friends, and all have conspired for trafficking which necessitates a trial. Regarding immunity, quashing of the proceedings can be consider only after the accused produce a certificate showing he has undergone de-addiction programme, he argued.