<p>The High Court of Karnataka has suspended the trial against a drug addict and allowed him to go for rehabilitation.</p>.<p>Given the peculiar facts of the case, the court suspended the proceedings under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and permitted the petitioner to get into a de-addiction programme. </p>.<p>In February 2021, the Narcotics Control Bureau (NCB) seized 2.16 kg of ganja and 0.5 grams of MDMA from a man's (Abhishek Roy) flat in Rayasandra, Bengaluru. He told the NCB about the customers who bought drugs from him. The petitioner was one of them.</p>.<p>The NCB did not name the petitioner in the FIR and only issued him a notice to appear for questioning.</p>.<p>But in the chargesheet, the NCB listed the petitioner as accused number 4 and sought to prosecute him for offences punishable under Sections 8(c) and 27 of the NDPS Act.</p>.<p>The case is currently pending before the additional city civil and sessions judge and the special judge for NDPS cases, Bengaluru. </p>.<p>Challenging the proceedings, the petitioner contended that being a drug addict, he is entitled to protection from prosecution under section 64A of the NDPS Act unless there are other materials to show that he was in the habit of trafficking. </p>.<p>Justice M Nagaprasanna M suspended the trial and allowed him to get into a de-addiction programme. </p>.<p>The court noted that Section 64A gives immunity from prosecution to addicts who volunteer for treatment provided they are charged with an offence punishable under Section 27 or offences involving small quantities of narcotic drugs or psychotropic substances; and volunteer for and undergoes medical treatment for de-addiction from a hospital or an institution maintained or recognised by the government or a local authority. </p>.<p>In the order, Justice Nagaprasanna cited the judgements of the High Court of Madras and the co-ordinate bench of the High Court of Karnataka. </p>.<p>"Upon completion of treatment or any related programme at the hospital, the petitioner shall file a report regarding the success or otherwise of the treatment and the state of health as on the date of such report. Such report shall be filed before this court not later than November 21," the court said. </p>
<p>The High Court of Karnataka has suspended the trial against a drug addict and allowed him to go for rehabilitation.</p>.<p>Given the peculiar facts of the case, the court suspended the proceedings under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and permitted the petitioner to get into a de-addiction programme. </p>.<p>In February 2021, the Narcotics Control Bureau (NCB) seized 2.16 kg of ganja and 0.5 grams of MDMA from a man's (Abhishek Roy) flat in Rayasandra, Bengaluru. He told the NCB about the customers who bought drugs from him. The petitioner was one of them.</p>.<p>The NCB did not name the petitioner in the FIR and only issued him a notice to appear for questioning.</p>.<p>But in the chargesheet, the NCB listed the petitioner as accused number 4 and sought to prosecute him for offences punishable under Sections 8(c) and 27 of the NDPS Act.</p>.<p>The case is currently pending before the additional city civil and sessions judge and the special judge for NDPS cases, Bengaluru. </p>.<p>Challenging the proceedings, the petitioner contended that being a drug addict, he is entitled to protection from prosecution under section 64A of the NDPS Act unless there are other materials to show that he was in the habit of trafficking. </p>.<p>Justice M Nagaprasanna M suspended the trial and allowed him to get into a de-addiction programme. </p>.<p>The court noted that Section 64A gives immunity from prosecution to addicts who volunteer for treatment provided they are charged with an offence punishable under Section 27 or offences involving small quantities of narcotic drugs or psychotropic substances; and volunteer for and undergoes medical treatment for de-addiction from a hospital or an institution maintained or recognised by the government or a local authority. </p>.<p>In the order, Justice Nagaprasanna cited the judgements of the High Court of Madras and the co-ordinate bench of the High Court of Karnataka. </p>.<p>"Upon completion of treatment or any related programme at the hospital, the petitioner shall file a report regarding the success or otherwise of the treatment and the state of health as on the date of such report. Such report shall be filed before this court not later than November 21," the court said. </p>
