MARLI VANKUNG
Sange Dorjee Thongchi S/o Dorjee Phunchu Thongchi – Appellant
Versus
State of A. P. – Respondent
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
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.
Section 64A of the NDPS Act provides immunity from prosecution for drug addicts who voluntarily seek treatment, emphasizing rehabilitation over punishment.
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