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Punjab government to prioritise rehabilitation over criminalisation for drug addicts under NDPS Act

After Kerala, Punjab ranked second among all states in the country last year for the number of cases registered under the NDPS Act.
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CHANDIGARH: The Punjab Government will provide rehabilitation and de-addiction for individuals caught with a non-commercial quantity of drugs, granting them immunity under Section 64(a) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Interestingly, after Kerala, Punjab ranked second among all states in the country last year for the number of cases registered under the NDPS Act. However, there has been a declining trend in the registration of such cases over the past three years.

Sources have revealed that the Aam Aadmi Party (AAP)-led Punjab government is not inclined to criminalise addicts caught with a non-commercial quantity of drugs by imprisoning them. Instead, the government has opted to focus on de-addiction and rehabilitation for those found with less than 2.5 grams of heroin, as defined under the NDPS Act. The government has also clearly outlined the distinction between commercial and non-commercial quantities for various illegally used drugs.

Section 64(A) of the NDPS Act offers immunity from prosecution to addicts or individuals charged with an offense under Section 27 (punishment for consumption of narcotic drugs or psychotropic substances) or offenses involving a small quantity of narcotic drugs or psychotropic substances. This immunity is granted only if the individuals voluntarily agree to undergo treatment for de-addiction.

It reads, " 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 involved in a small quantity of narcotic drugs or psychotropic substances.’’

It further states that the said immunity from prosecution may be withdrawn if the addict does not undergo complete treatment for de-addiction.

In the last 12 days the total drug peddlers arrested have touched 1,658. As per the figures with the state police about the daily arrests point towards that the large number of accused arrested with non-commercial quantities.

Special DGP (Law and Order), Punjab, Arpit Shukla, stated that Enforcement, De-addiction, and Prevention (EDP) are the main components of the government's plan to eradicate the drug menace from the state. "The government wants to treat the addicts as patients, not as criminals. We will use section 64-A to de-addict those who are not peddlers and have been caught with small quantities to bring those youth back on track by treating them. As part of de-addiction, more than one dozen persons have been convinced till now to undergo de-addiction and rehabilitation treatment.’’

Meanwhile, as per the data shared by the Ministry of Home Affairs (MHA) in Parliament on Wednesday, some 9,025 cases were registered last year under the NDPS Act in Punjab down from 11,564 in 2023 and 12,423 in 2022. In 2022 and 2023, Punjab had the third highest number of NDPS cases in the country, with Maharashtra having a higher figure during these two years.

According to data shared by the Ministry of Home Affairs (MHA) in Parliament on Wednesday, a total of 9,025 cases were registered under the NDPS Act in Punjab last year, down from 11,564 in 2023 and 12,423 in 2022. In both 2022 and 2023, Punjab had the third-highest number of NDPS cases in the country, with Maharashtra recording higher figures during these two years.

A total of 1,02,769 cases were registered in 2022, 1,09,546 in 2023 and 89,913 in 2024 across the country. In neighboring states of Haryana and Himachal Pradesh also the number of cases registered have also declaimed as in Haryana 3,820 cases were registered in 2022, 3,718 in 2023 and 3,062 in 2024 and Himachal Pradesh in 2022, some 1518 cases, in 2023, 2045 cases and in 2024 1632 cases were registered. But in neighboring Rajasthan these cases have seen an increase as in 2022: 3,738 cases, in 2023: 5,098 cases and in 2024: 5,462 cases.

A total of 1,02,769 cases were registered nationwide in 2022, 1,09,546 in 2023, and 89,913 in 2024. In neighboring states, the number of cases has also declined.

In Haryana, 3,820 cases were registered in 2022, 3,718 in 2023, and 3,062 in 2024.

In Himachal Pradesh, 1,518 cases were registered in 2022, 2,045 in 2023, and 1,632 in 2024.

However, in neighboring Rajasthan, the number of cases has increased, with 3,738 cases registered in 2022, 5,098 in 2023, and 5,462 in 2024.

Kerala has the highest number of NDPS cases in the country as 26,918 cases were registered in 2022, 30,715 in 2023 and 27,701 in 2024.

In response to questions from Members of Parliament Shambhu Sharan Patel and Baburam Nishad, the Minister of State for Home Affairs, Nityanand Rai, stated that a four-tier Narco-Coordination Centre (NCORD) mechanism has been established to ensure better coordination between central and state law enforcement agencies, as well as other stakeholders.

A dedicated Anti-Narcotics Task Force, led by an Additional Director General or Inspector General-level officer, has been set up in each state and union territory. This task force functions as the NCORD secretariat and is responsible for following up on the implementation of decisions made during NCORD meetings at various levels.

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