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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Yarenjungla Longkumer
Kiri Ori Son of Late Markir Ori – Appellant
Versus
State of AP – Respondent
JUDGMENT & ORDER :
YARENJUNGLA LONGKUMER, J.
Heard learned counsel for the petitioner, Mr. Dugmar Kamduk and Mr. T. Ete, learned Additional Public Prosecutor for the respondent.
2. The present Crl.Rev.P/5/2024 is filed under Section 397 r/w Section 482 of the Code of Criminal Procedure, 1973, praying for setting aside and quashing of the order dated 23.02.2024 passed by the learned District & Session Judge, Pasighat, East Siang District, Arunachal Pradesh in PSG SC (NDPS) Case No. 48/23 Corresponding to Yingkiong Police Station Case No. 18/2022 under Section 20(b) (ii) A of the NDPS Act.
3. Learned Counsel for the petitioner, Mr. Dugmar Kamduk appearing for the petitioner/accused states that accused was arrested on 03.06.2022, during a raid to arrest another person namely, Shri. Katem Libang. While in search of the said Shri. Katem Libang at forest colony, Yingkoing, the police team had mistakenly entered into the residence of the petitioner/accused and had found the petitioner consuming Ganja and recovered small quantity of Ganja from his room. Accordingly, a written FIR dated 03.06.2022 was lodged against the petitioner alleging that he was found consuming Ganja in his residence and
Section 64A of the NDPS Act provides immunity from prosecution for drug addicts who voluntarily seek treatment, emphasizing rehabilitation over punishment.
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.
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