Addicts caught with small amounts of drugs should not be treated as criminals: DGP

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

The reason for 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 increased from 644 in 2014 to 2,147 in 2023, suggesting that punishment has not had a deterrent effect.

Immunity from prosecution

• Section 27 of the NDPS Act provides for a jail term of up to one year and a fine of Rs 10,000 to Rs 20,000 for consuming a narcotic drug or psychotropic substance if the accused is caught with a small amount, while Section 64 A of the Act provides for this provides “immunity” from prosecution for addicts seeking treatment.
• The extent of the “small” amounts varies for different medicines.

According to police, 3,118 people, including 103 women and six foreigners, were arrested under the NDPS Act in 2023. Only about 200 to 250 of them were caught with commercial quantities of contraband. The majority of these people are addicts who have turned dealers and engaged in peddling to score their next hit, the DGP said.

He said: “Some of the drug addicts are not criminals but have health problems. They should be given an opportunity to reform 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 has never been invoked in the state had been.

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

Three battalion commanders, with IGP (Northern Range) Abhishek Dhullar as the key resource, would oversee the initiative.

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

In Himachal, the situation became alarming in 2020 when the consumption of ‘chitta’ (adulterated heroin) surpassed that of cannabis (charas) and other hard drugs. According to a survey of detox centers in the state, about 35 percent of addicts are ‘chitta’ users.

A comparison of drug seizures over the past decade shows that heroin use and smuggling have increased in the state, with 14.7 kilograms seized in 2023, compared to just 557.4 grams in 2014.

SP (Headquarters) Geetanjali Thakur said that addiction is fundamentally a health problem and not a crime.

“Deterrent measures alone are not enough and a comprehensive strategy must be developed that prioritizes rehabilitation and support for addicts to effectively address substance use,” she said, citing the example of Sikkim – the only state to adopt a drug policy in 2006 Law has been enacted to treat drug use as a health problem.

SP Khushal Sharma said the police have collected data about 22 addicts who are being treated as victims and sent to detox centers. “Our ultimate goal is a drug-free society,” he added.