Kanwaljit Singh Ahluwalia, J.

Instant application has been preferred under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in a case arising out of First Information Report bearing No.380/2016 registered at Police Station Kotwali Baran District Baran for commission of offence punishable under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after to be called as 'Act of 1985').

2. Succinctly stated facts of the present case are that on 09.05.2016 at about 11:30 P.M. Police party, during course of Nakabandi, apprehended the accused-petitioner on suspicion and from his possession recovered two grams heroine (Diacetylmorphine).

3. Mr. R.R. Baisla, learned Public Prosecutor appearing for the State of Rajasthan, has informed this Court that the accused-petitioner is also involved in two other cases, where quantity of smack varying from one gram to two grams was recovered from the petitioner.

4. Considering the quantity recovered and the fact that the accused-petitioner was twice arrested earlier for small recovery, it is to be inferred that the petitioner is not involved in the trade of sale and purchase of the Narcotic Drugs and Psychotropic Substances, but is a drug-addict.

5. Section 64-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 provides immunity from prosecution to addicts volunterring for treatment.

6. Section 64-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, reads as under :-

"64A Immunity from prosecution to addicts volunteering for treatement :- Any addict, who is charged with an offence punishable under Section 27 or with offences involving small quantity of narcotic drugs or psychotropic substances, who voluntarily seeks to undergo medical treatment for de-addication 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 involving small quantity of narcotic drugs or psychotropic substances:

Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction."

7. The Union Minister of Health & Family Welfare of the Government of India has taken initiative to provide outdoor and indoor centres for patients who are drug addicts. Deaddiction Centres have not been established in each and every District in the State of Rajasthan. This Court is informed that in District Baran, no drug addiction Centre is being run by the Government or by Non-Government Organization (NGO).

8. De-addiction Centres providing medical treatment, psychological counsellings and programme for rehabilitation to drug addicts are need of the hour. They are necessary for reformation of innocent, who are allured to use drugs and to curbe menance of narcotic trade and to save the youth of the State of Rajasthan.

9. A reference can be made to Sections 4, 7, 7-A and 7-B of the Act of 1985. Section 4 makes it mandatory upon Central Government to take measures as it deems necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances and the illicit traffic therein. Section 4 (d) of the Act of 1985 make it obligatory upon state to identify addicts, ensure their treatment, after care, provide education to them and work for their rehabilitation and social reintegration.

10. In the present case, considering the sentence of six months prescribed, the present application is, hereby, accepted and the petitioner is ordered to be released on bail during the pendency of the trial, to the satisfaction of the trial Court with a further direction that the trial Court shall acquaint the petitioner with the beneficial provision of Section 64-A of the Act and ensure that the petitioner is sent to De-addiction Centre of State so that the petitioner is cured and is not rearrested in a case of