CHANDIGARH: If it's medically established that someone caught with a small quantity of drugs in Punjab is an addict and he or she gives an undertaking to undergo de-addiction at a government-run facility, then smuggling charges will be not be pressed against the accused by the police.
Sources said that there has been no recorded case of utilization of section 64 (A) of the NDPS Act in Punjab or any other state in the country. Primarily, this section of law is applicable when the accused is an addict and is found in possession of a small quantity of the contraband for his personal use. This means that the police has to first establish that the accused is an addict for which they would have to get the person medically examined. Also, this immunity can be claimed by the accused only when the police press charges against the accused before a judicial magistrate.
Senior police officers said that police personnel have been instructed to complete the investigation at the earliest, preferably within 24 hours, so that the accused can claim immunity when he or she is presented before a judicial magistrate. Under this section, the accused will have to give an undertaking to undergo de-addiction at a government-run facility. Further, there is a proviso in this section for cancellation of the immunity in case the accused ceases to undergo the de-addition programme.
Confirming that this decision has been taken, Special DGP-cum-Chief of Special Task Force on Drugs, Punjab, Kuldeep Singh said, "This provision under the NDPS Act will offer immunity from prosecution to addicts volunteering for treatment. The section is already there in the NDPS Act but the police were not using it till now. But now we have decided to make aware people about this section. The idea is to decriminalize the addict."
"The accused caught with a very small quantity of narcotics meant for personal consumption will be treated as victims and section 64A will be enforced to give them a treatment opportunity," he said.
At present, if an addict is caught with possession of drugs then he or she is charged under section 27 of the NDPS Act (punishment for consumption of any narcotic drug or any psychotropic substance). The section also states that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction.
A drug addict claimed that this initiative would give an escape route for addicts to get out of this problem without facing prosecution.
In the last 14 months, Punjab Police have arrested as many as 19,093 drug smugglers including 2,778 big fish since July 5, 2022 and registered a total of 14,179 cases (FIRs) of which 1,717 are related to commercial quantity.
Inspector General of Police (Headquarter) Sukhchain Singh Gill said that the police have recovered 1400.77 kg heroin from across the state after carrying out cordon and search operations in drug-affected areas besides laying nakas at vulnerable routes across the state. Additionally, 147.5 kg heroin was recovered by teams of the Punjab Police from seaports in Gujarat and Maharashtra, taking the total effective recovery of heroin to 1548.27 kg in just 14 months.
He said that police have also recovered 871.82 kg opium, 446.30 quintals of poppy husk and 90.59 lakhs tablets of pharma opioids from across the state.