A former CEO of an E-publishing company, who was charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, is set free, as the Madras High Court has granted him immunity from prosecution invoking the provisions of Section 64(A) of the Act.
Justice C.T. Selvam quashed all proceedings pending against the accused, who volunteered for a de-addiction course and is now completely rehabilitated, stating the objective of Section 64 (A), which “is intended to rid an user of drugs from the evil thereof” and rehabilitate him has been fulfilled. The accused, a resident Chennai, was acquainted with a drug seller Andrew alias Steve of Bengaluru from whom he sourced small quantities of cocaine for ‘recreational purpose’. It used to be delivered through courier at a cost of Rs. 5,000 per gram.
On June 9, 2015, the Narcotics Control Bureau (NCB) traced the drug movement and seized a cocaine package of 3.88 grams from his possession and arrested him under the NDPS Act.
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Denying the allegations, the accused requested II Additional Special Judge, Chennai, to discharge him from the case. As the judge refused to grant relief, he approached the High Court assailing the order.
During the course of hearing in the High Court, the accused admitted to purchasing 3.88 grams of cocaine for personal consumption and submitted that he was willing to undergo medical treatment for de-addiction at a recognised research institute in Chennai.
Justice C.T. Selvam, exercising his inherent powers under Section 482 of CrPC, stayed the proceedings pending before the Special Court and sent the accused for rehabilitation.
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After 22 days, the rehabilitation institution submitted a progress report about the accused to the court which said, “The patient underwent three weeks of psychotherapeutic intervention for treatment of substance dependence. This included attending re-educative lecture sessions, group therapy, AA sharing and counselling sessions. As part of the family programme his wife also attended classes and counselling. Patient has been very co-operative throughout the term of treatment and has adequate family support. To ensure qualitative sobriety follow-up with counsellor has been recommended.”
Recording the submission, the judge said, “Given the attendant facts and circumstances, this court would hold applicable Section 64(A) of the Act. The petitioner has gained immunity from prosecution. Consequently, proceedings before the II Additional Special Judge under NDPS Act, Chennai, shall stand quashed.”
Court grants him immunity from prosecution as he has undergone a de-addiction course