AI Overview...
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Immunity for Drug Addicts - Section 64A of the NDPS Act provides immunity from prosecution for drug addicts who voluntarily seek treatment, emphasizing rehabilitation over punishment Kiri Ori Son of Late Markir Ori vs State of AP - Gauhati.
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Eligibility for Immunity - Courts have held that individuals, including peddlers or addicts, who are found to be drug addicts and seek treatment are entitled to immunity under Section 64A, especially when the proceedings involve small quantities or non-traffickers Sange Dorjee Thongchi S/o Dorjee Phunchu Thongchi VS State of A. P. - Gauhati.
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Main Point - A peddler who is also a drug addict can seek immunity under Section 64A of the NDPS Act if they voluntarily seek treatment, as the provision is aimed at encouraging addicts to rehabilitate rather than face prosecution.
Analysis and Conclusion:
Yes, a peddler who is a drug addict can seek immunity under Section 64A of the NDPS Act, provided they voluntarily seek treatment. The section prioritizes rehabilitation over punishment and is applicable to drug addicts, including those involved in small-scale peddling, as evidenced by judicial pronouncements Kiri Ori Son of Late Markir Ori vs State of AP - Gauhati, Sange Dorjee Thongchi S/o Dorjee Phunchu Thongchi VS State of A. P. - Gauhati.
Search Results for "Can a Peddler Seek Immunity under 64a in Ndps Act"
2025 0 Supreme(Gau) 461 • India - THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Yarenjungla Longkumer
(Paras 2, 22) ... ... (B) Immunity for Drug Addicts - Section 64A of the NDPS Act provides immunity ... under Section 64A of the NDPS Act, emphasizing rehabilitation over punishment. ... for immunity from prosecution for drug addicts who voluntarily seek treatment, reinforcing the principle that rehabilitation should ... It is a fact that Section 64A of the NDPS Act#H....
2024 0 Supreme(Gau) 1373 • India - Gauhati
MARLI VANKUNG
(A) ND&PS Act, 1985 - Section 64A - Immunity from prosecution for drug addicts - Petitioner, a drug addict ... thus eligible for immunity under Section 64A - Proceedings quashed. ... Findings of Court: The petitioner is entitled to immunity under Section 64A of the ND ... It is seen that the petitioner is charged under Section 20(b)(ii)A/27/29 ND&PS Act for the seizure of a small quantity of cannabis and the petitioner is not a drug trafficker or #H....
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