IMPORTANT POINT
Section 64A of the ND&PS Act provides immunity from prosecution for drug addicts who voluntarily seek rehabilitation, emphasizing the importance of treatment over punishment.

ORDER :

1. Heard Mr. T. Gyatso, learned counsel for the petitioner and Mr. J. Tsering, learned Public Prosecutor for the State respondent.

2. This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973 for granting immunity from the prosecution to the alleged accused person under Section 64A of ND&PS Act, by quashing and setting aside the prosecution proceeding of the Charge-Sheet No. 38/2023 dated 25.08.2023 pursuant to the ND&PS Case No. 43/2023 in Niti Vihar PS Case No. 30/2023 registered under Section 20(b)(ii)A/27/29 ND&PS Act, which is pending trial before the Court of Special Judge (ND&PS Act), Yupia, District Papum Pare.

3. Facts leading to the instant petition in brief is that, an FIR dated 22.06.2023 was received and filed to the effect that on the basis of the verbal information received from the OC PS Itanagar, a raid was conducted in a building where 3 (three) boys including the instant petitioner were found consuming cannabis in the room. On receipt of the information, all the 3 (three) persons were apprehended and on search of the room, 355 grams of suspected cannabis and 2 nos. of plastic bottles of 250 ml used for consuming drugs were recovered from the room. On spot interrogation, it was disclosed that the 3 (three) accused persons including the present petitioner were drug addicts. Accordingly, criminal case was registered against the petitioner along with the other 2 (two) accused persons, in Case No. 30/2023 dated 22.06.2023 under Section 20(b)(ii)A/27/29 ND&PS Act. After due investigation, Charge-Sheet No. 38/2023 dated 25.08.2023 under Section 20(b)(ii)A/27/29 ND&PS Act was filed and the case was committed before the learned Special Judge (ND&PS Act). During consideration of the charge, the learned Special Judge (ND&PS Act) dropped the charges made against the petitioner under Section 29 of the ND&PS Act. Subsequently, after considering that the petitioner is an addict, bail was granted to the petitioner and he was admitted to a Rehabilitation Centre. The petitioner was admitted to Emmanuel Rehabilitation Centre, Naharlagun on 29.06.2023 and was discharged on 27.09.2023. The petitioner had undergone rehabilitation treatment for 90 days and the discharge slip from the Emmanuel Rehabilitation Centre, certified that the petitioner was free from addiction and living a happy life with positive approach towards future.

4. The learned counsel for the petitioner submits that since the petitioner has undergone proper treatment and had successfully completed the treatment, the petitioner is entitled to be granted immunity under Section 64A of the ND&PS Act by quashing the proceeding of the Charge-Sheet No. 38/2023 dated 25.08.2023 pursuant to ND&PS Case No. 43/2023 in Niti Vihar PS Case No. 30/2023 registered under Section 20(b)(ii)A/27/29 ND&PS Act, which is pending trial before the Court of Special Judge (ND&PS Act), Yupia. The learned counsel for the petitioner submits that perusing of the records clearly state that the petitioner was not involved in drug trafficking. The petitioner was identified as a consumer of the substance and was caught in possession of the contraband substance of small quantity. Since the petitioner has undergone the treatment, he may be granted immunity under Section 64A of the ND&PS Act. In support of his submissions, the learned counsel has relied on the judgment of the High Court of Karnataka dated 24.01.2022 in the case of Mr. Vaibhav Gupta Vs. Union of India in Writ Petition No. 11193/2021 (GM-RES).

5. Mr. J. Tsering, learned Public Prosecutor for the State respondent has not raised any objection and in all fairness admits that the documents submitted by the petitioner clearly shows that the petitioner has undergone the required treatment for his rehabilitation and cure from his drug addiction, wherein he was admitted at Emmanuel Rehabilitation Centre for a period of 90 days and therefore, Section 64A of the ND&PS Act is found to be applicable in the instant case.