THIRUVANANTHAPURAM: Assessing that indiscriminate prosecution of first-time offenders in drug-related cases is doing more harm than good, the Kerala Police are seriously considering adopting a novel approach, one that focuses on reform rather than reprimand.
The police are contemplating helping first-time offenders, who are caught with small quantity of drugs, get legal immunity from prosecution under Section 64A of the NDPS Act, provided they voluntarily seek medical help for de-addiction. The move also follows the police’s evaluation that the war against drugs heavily hinges on curbing demand.
Highly placed sources said district police chiefs have been given permission to explore scopes to legally rehabilitate first-time drug offenders without letting them drift towards a criminal life. The matter is expected to come up for discussion during a meeting of top police officers convened by Home Minister Ramesh Chennithala on Saturday.
Sources said the proposal is part of the police’s efforts to tackle the demand for drugs.
“Law enforcement agencies have been trying to reduce drug supply by conducting raids and arresting peddlers. However, that isn’t enough. Demand has to be brought down, too. The proposal on providing immunity for eligible first-time drug offenders is meant to achieve that,” a police officer said on the condition of anonymity.
The proposed leniency applies to those found possessing drugs for personal consumption, not those involved in the peddling of commercial quantities.
As per NDPS Act, ganja up to 1 kg and MDMA up to 0.5g are considered “small quantity” and the accused are entitled to bail. Those convicted face rigorous imprisonment up to a year, a fine of Rs10,000, or both.
It’s the trial court that decides whether to provide immunity to the accused. However, if the proposal is accepted, the prosecution can take a lenient stand in favour of accused deemed eligible.
No leniency for repeat offenders
“If first-timers who can be rehabilitated are forced to go through the legal grind, it will affect their lives. Students, professionals, those who want to go abroad, all their lives will take a turn for the worse. If they are sent to jail, there are chances of them ending up as habitual offenders. So, those who can transform themselves should be given the option for redemption,” the officer said.
The cornerstone of NDPS Section 64A is that those who seek the concession should get treated in an officially accepted de-addiction centre.
In case they drop out midway, the immunity will cease to exist and they can be prosecuted. Repeat offences will also make one ineligible.
Former Director of Prosecution V C Ismail said the prosecution’s lenient stand could help the accused get relief from court.
“It’s the court that ultimately decides who should get immunity. There is no harm in quashing cases against first-time accused who happen to fall into this pit, if they can be reformed. Once they are back on track, they should have a clean slate,” he said.
Law point
As per Section 64A of NDPS Act, if an individual is classified as an addict and voluntarily chooses to undergo medical treatment at a government-recognised de-addiction facility, they are granted total immunity from prosecution. The concession is only for those caught with drugs in small-quantity (which attract bailable charges).
Small quantity threshold
MDMA: Up to 0.5g
Heroin/Brown sugar: Up to 5g
Ganja: Up to 1kg
Ganja oil/Hashish oil/Charas:
Up to 100g
LSD: Up to 2mg
Cocaine: Up to 2g
Amphetamine: Up to 2g
Methamphetamine: Up to 2g
36, 314 NDPS cases registered by police in 2025
12,568 NDPS cases registered by excise in 2025
