THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.8362 of 2023

ORDER

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure Code, 1973 (for short ‘Cr.P.C.’), by the petitioner-accused No.3 seeking to quash the proceedings against him in S.C.NDPS.No.87 of 2023 pending on the file of the learned Metropolitan Sessions Judge at Nampally, Hyderabad. The offence alleged against the petitioner is under Section 27 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the ‘Act’).

2. Heard Mr. K.Rama Kotaiah, learned counsel representing Mr. D.Satya Narayana, learned counsel for the petitioner and Mrs. S. Madhavi, learned Assistant Public Prosecutor appearing for the respondents-State and perused the record.

3. The allegation against the petitioner is that he is a consumer and was found in possession of 5 grams of Hash Oil.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the case. The Police filed charge sheet against the petitioner without conducting proper investigation and in violation of the mandatory procedure prescribed under Sections 42 and 50 of the Act for search and seizure. There is no evidence to establish the guilt of the petitioner, except his coerced confession statement made before the Police, which is inadmissible in law. He further submits that the petitioner is a consumer and the quantity seized from him is a small quantity. Section 64-A of the Act, provides immunity from prosecution to the consumers/addicts, who volunteers for treatment. In the present case, the petitioner had voluntarily undergone treatment and the medical tests have confirmed that no narcotic or psychotropic substance was found in his body. Hence, he is entitled for immunity from prosecution under Section 64-A of the Act and accordingly, prays for quashing of proceedings against the petitioner.

5. Learned Assistant Public Prosecutor fairly conceded to the fact that petitioner is a consumer and the contraband seized from his possession is a small quantity. As the petitioner had undergone treatment voluntarily and medical tests confirmed the absence of narcotic or psychotropic substance in his body, he is entitled for immunity from prosecution under Section 64-A of the Act.

6. Under Section 64-A of the Act, the consumers of narcotic drugs and psychotropic substances have got immunity from prosecution, in case they volunteer for treatment. It would be appropriate to refer to Section 64-A of the Act, which reads as under:

“64A. Immunity from prosecution to addicts volunteering for treatment.--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-addiction from a hospital or an institution maintained or recognized 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. In the instant case, admittedly, the petitioner is a consumer and the quantity which has been seized from his possession is a small quantity. From the above provision, it is clear that if the consumers/addicts volunteers to undergo treatment, the immunity from prosecution under Section 64-A of the Act is applicable to them. In the present case, the petitioner himself had voluntarily underwent treatment and has filed a Certificate issued by the Asha De-Addiction Center, Banjara Hills, Hyderabad. The said certificate confirms that the petitioner has attended the said De-Addiction Center for Counselling/Therapy sessions on various dates i.e., on 10.07.2023, 26.07.2023, 29.07.2023, 31.07.2023 and 04.08.2023.