HC stays case against drug addict, allows him to undergo de-addiction programme

The petitioner was booked by the Narcotics Control Bureau (NCB), Bengaluru in May 2021 for consumption of ganja

A 34-year-old drug addict got a chance at reformation, with the High Court of Karnataka staying the criminal proceedings against him after he voluntarily agreed to undergo medical treatment for de-addition at a hospital recognised for de-addiction programme.

Justice M. Nagaprasanna passed the order on a petition filed by Rafsal K.R. who is residing in a luxury apartment near Whitefield in Bengaluru.

The petitioner had sought quashing of the case against him by volunteering to undergo the de-addiction treatment. While the Court declined to quash the proceedings at this stage, it permitted him to undergo the treatment as per Section 64A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which gives immunity from prosecution to addicts who volunteer for treatment.

The Court also asked him to file a report regarding the success or otherwise of the de-addiction treatment and the status of his health by November 21.

The petitioner was booked by the Narcotics Control Bureau (NCB), Bengaluru in May 2021 for consumption of ganja. He was arraigned as one of the accused based on the statement given by Abhishek Roy, an alleged drug peddler. Roy had given the names of his customers, including that of the petitioner to the NCB.

Rafsal was booked under Section 27 of the NDPS Act for consumption of drugs, which attracts punishment of up to one year with fine if found guilty.

The petitioner admitted before the High Court that he was a drug addict and filed an affidavit giving an undertaking to undergo de-addition programme as per the NDPS Act.