Bengaluru: The Karnataka High Court given approval to an accused who is a drug addict to enrol in a de-addiction programme and produce a report regarding his state of health to stay the proceedings against him in view of Section 64A of the Act, which protects drug addicts who volunteer for treatment from prosecution.
The hearing was adjourned until November 24, 2022 after Justice M. Nagaprasanna made the judgment after hearing the petition submitted by Rafsal K. R. (34), of the city, opposing the proceedings on the grounds of immunity under the NDPS Act.
The petitioner was charged with the offences against him by the special court based on the voluntary statement of Abhishek Roy, whose flat ganja and MDMA were found in on February 8, 2021.
The petitioner filed a court petition, claiming that since he suffers from drug addiction, the drugs he bought were only for his personal use. The counsel for the accused contended that he is entitled to protection under Section 64A of the Act and prosecution unless further evidence exists that shows his involvement in drug trafficking.
The prosecution claimed that the petitioner had also given drugs to his friends and that the group had planned to traffic in drugs, hence a trial was necessary. Quashing of the proceedings can be consider only after the accused produce a certificate showing he has undergone de-addiction programme, he added.
