Under Section 64-A of the NDPS Act, an individual charged with offences involving small quantities of narcotic drugs is entitled to immunity from prosecution if they voluntarily undergo and successfully complete medical treatment for de-addiction at a Government-recognized institution.

ORDER:

1. The petitioner, who is Accused No.1 in NDPS S.C.No.14 of 2019 on the file of the I-Additional Metropolitan Sessions Judge, Nampally at Hyderabad, filed this Criminal Petition under Section 482 Cr.P.C. to quash the proceedings initiated against him in the above case. A charge sheet came to be filed against the petitioner and others for the offences punishable under Sections 8 (c) read with Sections 22 (b) and 20 (b) (ii) (B) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short “the Act”).

2. The case of the prosecution is that on 11.07.2017 on reliable information about illegal possession and sale of LSD at Hi-Tech Rickshaws at Paradise Circle, Secunderabad, the respondent officers went to the said place, found the petitioner in the premises and on search they found 16 LSD blots (stamps) and the same was seized by the officers under a cover of panchanama and that on enquiry, the petitioner/A-1 confessed that he and his friend by name Ritul Agarwal/A-2 will book the online order for LSD (Lysergic Acid Bithylamide) using dark web through crypto currency and the parcel will be received through Indian Postal Department and that they used to consume themselves along with friends and remaining LSD blots (stamps) will be sold to A-3 to A-5 and others. The petitioner also revealed that not only LSD, they used to consume ganja also and further stated that he and his friend A-2 used the vehicle Grand i10 bearing No.TS 09 ER 0050 for transportation and sale of drugs to A-3 to A-5 regularly. Basing on the said seizure and confession, a case in Crime No.65 of 2017 of Prohibition and Excise Station, Secunderabad has been registered against the petitioner and others. After completion of investigation and after collecting all the material papers, charge sheet has been filed against the petitioner and others, which was taken cognizance as NDPS S.C.No.14 of 2019 on the file of the I-Additional Metropolitan Sessions Judge, City Criminal Court, Nampally, Hyderabad. The present Criminal Petition is filed to quash the proceedings against the petitioner in the said case.

3. Heard learned Counsel appearing for the petitioner/A-1, learned Assistant Public Prosecutor appearing for the respondents and perused the record.

4. Learned Counsel for the petitioners would submit that the trial Court framed the charge against the petitioner under Section 22 (a) of the Act as amended, which is a bailable offence and is punishable up to six months as prescribed under the Act. He further submits that Section 64-A of the Act provides immunity from prosecution for the offence involving small quantity and the quantity involved in this case is also small quantity and as such, the petitioner filed an application under Section 64-A of the Act vide Crl.M.P.No.238 of 2020, which was dismissed on 25.11.2019. He further submits that earlier also the petitioner filed Crl.M.P.No.737 of 2019 seeking discharge and while dismissing the said petition, the trial Court observed that the alleged contraband is small quantity and in spite of having observed that the alleged contraband being small quantity, the trial Judge ignored the provision of Section 64-A of the Act and erroneously rejected the application to grant immunity to the petitioner from prosecution. Hence, the petitioner filed the present Criminal Petition. Learned Counsel further submits that Section 64-A of the Act, provides immunity from prosecution to the accused, who volun