Addicts caught with small quantity of drug not to be treated as criminal: DGP

Drug addicts caught with small quantities of contraband will not be treated as criminals and will be given a chance to reform, DGP Atul Verma said.

The reason behind the move is a manifold increase in the number of cases registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act over the years. The number of such cases rose from 644 in 2014 to 2,147 in 2023, thus implying that punishment has not acted as a deterrent.

Immunity from prosecution

• Section 27 of the NDPS Act prescribes jail for up to a year and a fine of Rs 10,000 to Rs 20,000 for the consumption of a narcotic drug or psychotropic substance when the accused is caught with a small quantity, while Section 64 A of the Act provides "immunity" from prosecution to addicts seeking treatment.
• The extent of what constitutes "small" quantities differs for different drugs.

According to the police data, 3,118 persons, including 103 women and six foreigners, were arrested under the NDPS Act in 2023. Only around 200 to 250 of them were caught with commercial quantities of contraband. A majority of these people were addicts-turned-peddlers, who took to peddling to score their next hit, the DGP said.

He said, “Some of the drug addicts are not criminals but are facing health issues. They should be afforded a chance to reform themselves under Section 64 A of the NDPS Act, which provides immunity from prosecution to addicts caught with small quantities of a contraband.” He added that this provision had never been used in the state.

The DGP said, “The process to identify drug addicts has started. NGOs and retired prosecutors will be roped in to create awareness on Section 64 A of the NDPS Act and convince the addicts to reform through medical treatment.”

Three commandants of battalions, with IGP (Northern Range) Abhishek Dhullar acting as the main resource person, would oversee the initiative.

Verma said that in 2023, around 40 per cent of about 3,000 prisoners lodged in the state’s jails were booked under the NDPS Act, revealing the extent of the drug problem in Himachal Pradesh.

In Himachal, the situation became alarming in 2020 when the consumption of ‘chitta’ (adulterated heroin) surpassed cannabis (charas) and other hard drugs. According to a survey of the de-addiction centres in the state, about 35 per cent of the addicts are ‘chitta’ consumers.

A comparison of drug seizures over the past 10 years shows that heroin consumption and its smuggling has been on the rise in the state, with 14.7 kg of it recovered in 2023 as compared to merely 557.4 grams in 2014.

SP (Headquarters) Geetanjali Thakur said that addiction was fundamentally a health issue rather than a criminal act.

“Deterrent measures alone are insufficient and a comprehensive strategy prioritising rehabilitation and support for addicts must be developed to effectively address substance use,” she said and cited the example of Sikkim – the only state to have brought in a law in 2006 to treat drug intake as a health problem.

SP Khushal Sharma said that the police had collected data on 22 addicts, who would be treated as victims and sent to de-addiction centres. “Our ultimate objective is a drug-free society,” he added.