The 44 revellers who tested positive for drugs after being detained from a party at Oakwood Hotel in Juhu on May 20 will not be facing time in jail as consumption is a bailable offence under the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985.
A police officer said after the blood sample reports were released, “We will now be registering cases against these persons under relevant sections of the NDPS Act, following which they will be arrested.”
However, since the partygoers are not accused of possessing commercial quantity of drugs, they will be bailed at the time of arrest. Following this, they can then apply for drug rehabilitation in a government hospital as per section 64 (A) of the NDPS Act. They can then apply to the court for exemption from further action.
Lawyer Ayaz Khan added, “These provisions are applicable for the first time. If it happens again, the person is not only not exempted, the prior case against him is also reopened.”
Apart from the drug test, the police have also received the alcohol report, as those present were also booked under the Prohibition Act for not having valid permit to consume alcohol.