E-Paper
How Section 64A of the NDPS Act saved a drug addict from prosecution
The order signals a shift towards treating addiction as a public health concern while continuing with strict enforcement against drug traffickers and peddlers
A little-known provision that grants immunity from prosecution to drug addicts who voluntarily seek treatment and rehabilitation – section 64A of the Narcotic Drugs and Psychotic Drugs and Psychotropic Substances (NDPS) Act, 1985 – recently saved a drug user, 23, when a Pune court directed him to undergo treatment at a de-addiction centre instead of facing prosecution.
The order – believed by the Pune police to be the first known case in the state wherein an accused has been granted relief under section 64A after filing a chargesheet – signals a shift towards treating addiction as a public health concern while continuing with strict enforcement against drug traffickers and peddlers. It underscores a balanced approach to drug enforcement—continuing stringent action against organised drug trafficking while giving those who are genuinely addicted an opportunity to recover through treatment and rehabilitation.
The case relates to an offence registered at Nanded City police station on July 15 under sections 8(c) and 27 of the NDPS Act. After completing the investigation, the police filed a chargesheet before the court. During the proceedings, the accused admitted to consuming narcotic substances, pleaded guilty, and expressed willingness to undergo treatment for his addiction. Taking note of his plea, the court on July 30 invoked section 64A of the NDPS Act and directed him to undergo one month of de-addiction and rehabilitation at the Atmanirbhar Social Foundation’s centre in Kirkitwadi. The court also directed the rehabilitation centre to submit a compliance and progress report by August 30, 2026.
According to the police, section 64A provides immunity from prosecution to drug addicts charged only with consumption of narcotic drugs or possession of small quantities meant for personal use, provided they voluntarily seek medical treatment for de-addiction.
Atul Bhose, senior police inspector, Nanded City police station, said, “The accused confessed to the offence and, more importantly, expressed willingness to overcome his addiction. Accordingly, we presented the case before the court, which directed him to undergo de-addiction and rehabilitation instead of prosecution. To the best of our knowledge, this is the first such case in Maharashtra”.
Bhose said that section 64A reflects the legislature’s intent to treat addiction as a health issue rather than purely as a criminal offence. “However, this benefit is not available to drug traffickers, suppliers, peddlers or those found in possession of commercial quantities of narcotic substances,” he said.
