Drug Abuse - The Law

While drug trafficking is severely punishable with a minimum of ten years of imprisonment (read section 21 of Narcotic Drugs and Psychtropic Substances Act 1985), drug consumption also is punishable with six months of imprisonment (read section 27 of the Narcotics Drugs and Psychotropic Substance Act 1985). Also the consumer can request the court for sending him, to a treatment centre, (read section 64 of the Act) instead of the prison. However, if the addict / consumer violates the directions of the court, he could be sent back to custody. This immunity is available to the addict / consumer only once.

Other than the legal provisions of the NDPS Act, a violent addict / consumer can be prevented from committing breach of peace on a complaint and on the assessment of a police officer under the section 107/150/151 of the Criminal Procedure Code. The police officer can send him for peace proceedings, for binding him down for good behaviour or arrest him if he thinks that leaving him free would lead to breach of peace. These peace proceedings are held before Specical Executive Magistrates who could be Assistant Commissioners of Police in a Commissionerate system or the area Sub-Divisional Magistrates in the Inspector General of Police system. But under the laws violent addicts can be handled and helped to reach treatment either from inside a prison, if the situation so compells, or treatment centres outside, if he volunteers for it.