Practice area
Consumption cases and treatment
Cases of personal consumption under the NDPS Act, which carry lesser punishment, and the provisions on treatment and rehabilitation.
The NDPS Act distinguishes between trafficking and personal consumption. Section 27 provides lesser punishment for consumption, and other provisions of the Act allow for treatment and rehabilitation, including immunity for addicts who volunteer for treatment.
What this work involves
- Identifying whether the case is one of consumption or of possession for sale, and arguing for the right provision
- Small-quantity cases, where the bail standard is less strict
- Cases supported by a medical test, and how the test and its timing are treated
- Treatment and rehabilitation: applying for release of an addict to undergo treatment, and for the immunity the Act provides
- Young persons and first-time offenders
- Advice on the consequences of conviction for education, employment and travel
Frequently asked questions
Is consumption treated the same as trafficking?
No. The Act provides lesser punishment for consumption, and the court can take a rehabilitative approach in suitable cases.
Can a person avoid prosecution by seeking treatment?
The Act provides immunity in specified situations for addicts who volunteer for medical treatment. The conditions are strict, so legal advice is needed.
Related reading
Section 37 of the NDPS Act: why bail is harder in commercial-quantity cases
How the twin conditions of Section 37 NDPS work, which cases they cover, and what that means for a bail application.
Search and seizureSection 50 of the NDPS Act: the right to be searched before a Gazetted Officer or Magistrate
What Section 50 of the NDPS Act requires before a personal search, and how courts have treated non-compliance.
Statements and noticesStatements under Section 67 of the NDPS Act: are they admissible?
What Section 67 of the NDPS Act allows, and what the Supreme Court held in Tofan Singh about statements recorded by NDPS officers.