Soon, Punjab to notify guidelines to monitor addicts undergoing rehab

Punjab government is planning to set up a mechanism and formulate guidelines to effectively monitor the persons caught with a small quantity of drugs who have been given immunity from prosecution under Section 64 (A) of the Narcotic Drugs and Psychotropic Substances Act.
The need to provide immunity from prosecution was felt because in the past few years as large number of persons caught with small quantities, have been lodged in prisons under the NDPS Act. According to senior cops working in Punjab Police nearly registers 10,000 to 12,000 FIRs each year and nearly 13000-14,000 accused are arrested in these cases every year and are sent to jails.
Of the total FIRs, nearly 2,000 are registered against those who are caught with small quantities of drugs, mainly for personal consumption, the police official said.
It is reliably learnt that the health and family welfare department has sent a detailed draft of the guidelines to the home department, which is likely to notify the guidelines soon to effectively monitor rehab and release of the accused. Punjab is the only state in the country which is implementing the provisions in section 64 (A) with an aim to decriminalise the drug addicts who are caught with small quantities.
The section provides immunity from prosecution to addicts/persons who are charged with an offence punishable under section 27 (punishment of consumption of any narcotic drug or any psychotropic substance) or with offences involving a small quantity of narcotic drugs or psychotropic substances provided that they volunteer to undergo treatment for de-addiction.
“Who voluntarily seeks to undergo medical treatment for de-addiction from a hospital or an institution maintained or recognised by the government or a local authority and undergoes such treatment shall not be liable to prosecution under section 27 or under any other section for offences involved in a small quantity of narcotic drugs or psychotropic substances,” reads the section.
The section also states that the said immunity from prosecution may be withdrawn if the addict does not undergo complete treatment for de-addiction.
300 addicts freed
Notably, Punjab has freed nearly 300 addicts using this section in the past six months on the persuasion of the Anti-Narcotics Task Force (ANTF) but objections were raised as there were no effective guidelines for follow-up and monitoring the progress of the accused.
The accused are freed after the investigation officer (IO) forwards the request to the court, which after considering the facts of the case provides immunity.
However, questions were raised on the follow-up process as there was no mechanism in place to check if those provided immunity were actually undergoing treatment or not.
“Once the accused gets immunity and is freed from judicial custody, the onus of the follow-up lies with the health department as rehabilitation and de-addiction work under their domain,” said an ANTF official.
Dr Navdeep Gill, the health official who supervises the de-addiction and rehabilitation programme of the Punjab Government, said the health department has now framed guidelines to monitor cases related to immunity from prosecution provided using section 64 (A) of the NDPS Act.
“We are waiting for the home department to notify these guidelines. Once implemented, it can be effective in the war against addiction. It will certainly bring the results,” Gill said.
Weekly monitoring of accused treatment, progress
According to information, the fresh guidelines mandate the formation of a committee at the district level to monitor the de-addiction and rehabilitation of the addicts provided immunity.
This committee has to provide weekly monitoring reports to the civil surgeons about the treatment of the accused and after six months, the accused, before his release from treatment, has to take a fitness certificate with a report submitted in the court. There is also a provision for carrying dope tests of the accused regularly.
“In case the accused falters, the civil surgeons will write to IO to cancel the immunity,” the guideline mandates.