Section 64A of The Narcotic Drugs and Psychotropic Substances Act, 1985 in hindi
1[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 recognised 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small quantity of narcotic drugs or psychotropic substances: Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction.]
Summary
- Addicts charged with drug consumption under Section 27 can receive immunity from prosecution.
- Addicts charged with offences involving a small quantity of drugs are also eligible for this immunity.
- The addict must voluntarily seek and undergo medical treatment for de-addiction to qualify.
- This treatment must take place in a hospital or institution maintained or recognised by the Government or a local authority.
- The government can withdraw this immunity if the addict does not complete the full de-addiction treatment.
Practical examples
FAQ
1. Who can get immunity from prosecution under Section 64A of the Narcotic Drugs and Psychotropic Substances Act?
Under Section 64A of the Narcotic Drugs and Psychotropic Substances Act, 1985, any addict charged with drug consumption under Section 27 or offences involving a small quantity of drugs can get immunity.
2. Where must an addict seek treatment to get immunity under Section 64A of the Narcotic Drugs and Psychotropic Substances Act?
The addict must undergo treatment in a hospital or de-addiction institution maintained or recognised by the Government or a local authority, as per Section 64A of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. Can Section 64A immunity of the Narcotic Drugs and Psychotropic Substances Act be lost after it is given?
Yes, under Section 64A of the Narcotic Drugs and Psychotropic Substances Act, 1985, the immunity can be withdrawn if the addict fails to undergo the complete treatment for de-addiction.
4. Does Section 64A of the Narcotic Drugs and Psychotropic Substances Act protect an addict who is caught with a commercial quantity of drugs?
No, Section 64A of the Narcotic Drugs and Psychotropic Substances Act, 1985 only applies to charges under Section 27 or offences involving a small quantity of narcotic drugs or psychotropic substances, not commercial quantities.
Test yourself
Q1.Under Section 64A of The Narcotic Drugs and Psychotropic Substances Act, 1985, an addict is eligible for immunity if they are charged under which section?
Q2.What is the consequence if an addict seeking immunity under Section 64A of The Narcotic Drugs and Psychotropic Substances Act, 1985 leaves their treatment facility early without completing the program?
Q3.Which institutions are valid for undergoing de-addiction treatment to qualify for immunity under Section 64A of The Narcotic Drugs and Psychotropic Substances Act, 1985?
Q4.How does the immunity under Section 64 of The Narcotic Drugs and Psychotropic Substances Act, 1985 differ from the immunity under Section 64A of the same Act?
Q5.Under The Narcotic Drugs and Psychotropic Substances Act, 1985, what is a shared feature regarding the withdrawal of immunity under both Section 64 and Section 64A?