Drug addicts who will be caught with small quantities of contraband are not to be treated as criminals, the Himachal Pradesh police chief said on Thursday, adding that such persons will be given a chance to reform.
The reason behind the move is a manifold increase in the number of cases registered under the Narcotic Drugs and Psychotropic Substances Act over the years.
The number of such cases shot up from 644 in 2014 to 2,147 in 2023, which implies that the punishment has not acted as a deterrent.
According to police data, a total of 3,118 people, including 103 females and six foreigners, were arrested under the NDPS Act in 2023. Only around 200-250 of them were caught with commercial quantities of contraband.
As per the NDPS Act 1985, 10 grams of MDMA/Ecstasy is considered as "Commercial quantity".
The majority of these people were addicts-turned-peddlers, who took up the job to score their hit, the officer said.
"Some of these drug addicts are not criminals. They are facing health issues. They should be afforded a chance to reform under section 64 A of the NDPS Act, which provides immunity from prosecution to addicts caught with small quantities of contrabands," Director General Police Atul Verma stated on Thursday, adding, that the provision has never been used in the state.
"The process of identification of drug addicts has started. NGOs and retired prosecutors would be roped in to create awareness about section 64 A of the NDPS act and convincethe addicts to reform through medical treatment," he said.
The initiative will be overseen by three commandants of Battalions, with Inspector General Northern Range Abhishek Dhullar acting as the main resource person.
In 2023, around 40 per cent of about 3,000 prisoners lodged in the state's jails were booked under NDPS cases, Verma said, revealing the extent of the drug problem in Himachal Pradesh.
Section 27 of the NDPS Act prescribes jail for up to a year and a fine of Rs 10,000 to 20,000 for consumption of any 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.
In Himachal Pradesh, the situation became alarming in 2020 when consumption of 'chitta' (adulterated heroin) surpassed cannabis (charas) and other hard drugs.
According to a survey of the state's de-addiction centres, about 35 per cent of addicts are 'chitta' consumers.
A comparison of drug seizures over the past 10 years points out 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.
Superintendent of Police (Headquarters) Geetanjali Thakur said addiction is fundamentally a health issue rather than a criminal act.
"Deterrence 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 sole state in the country to have brought in a law in 2006 to treat drug as a health problem.
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