(1) When any addict is found guilty of an offence punishable under section 27 1[or for offences relating to small quantity of any narcotic drug or psychotropic substance] and if the court by which he is found guilty is of the opinion, regard being had to the age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for de-toxification or de-addiction from a hospital or an institution maintained or recognised by Government and on his entering into a bond in the form prescribed by the Central Government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical treatment and, in the meantime, to abstain from the commission of any offence under Chapter IV.
(2) If it appears to the court, having regard to the report regarding the result of the medical treatment furnished under sub-section (1), that it is expedient so to do, the court may direct the release of the offender after due admonition on his entering into a bond in the form prescribed by the Central Government, with or without sureties, for abstaining from the commission of any offence under Chapter IV during such period not exceeding three years as the court may deem fit to specify or on his failure so to abstain, to appear before the court and receive sentence when called upon during such period.
1. Ins. by Act 9 of 2001, s. 18 (w.e.f. 2-10-2001).
Simplified Explanation
This section deals with the possibility of offering rehabilitation, rather than immediate imprisonment, to certain offenders (specifically, drug addicts) who are convicted under Section 27 of the Act, which deals with penalties for possession, consumption, or use of narcotic drugs and psychotropic substances. Here’s a detailed breakdown of the provisions:
Subsection (1): Release for Medical Treatment
- Applicability: This provision applies to addicts who have been convicted under Section 27 or for offences related to small quantities of drugs.
- Court’s discretion: If the court believes that the offender is an addict and that their rehabilitation or treatment is a viable alternative to imprisonment, it can release the offender on probation. The decision to release depends on factors such as the:
- Age of the offender
- Character of the offender
- Antecedents (past behavior or criminal record)
- Physical or mental condition of the offender
- Medical treatment: The court may allow the offender to undergo medical treatment for de-toxification or de-addiction at a government-recognized hospital or institution.
- Conditions for release: The offender must consent to the treatment, and the court will require them to enter into a bond (a legal commitment), which may be with or without sureties (guarantees from another person). The bond will specify that the offender:
- Will appear before the court within one year to report on the progress of their treatment.
- Will abstain from committing any further offenses under Chapter IV of the Act (which deals with offenses such as trafficking and illicit activities related to narcotics).
Subsection (2): Further Release after Treatment
- Post-treatment assessment: Once the offender has completed the medical treatment, the court will review the report on the effectiveness of the treatment.
- Discretion for further release: If the court believes that the offender has shown sufficient improvement, it can:
- Release the offender with an admonition (a formal warning) and require them to enter into a bond for abstaining from committing further offenses under the Act for a period of up to three years.
- If the offender fails to comply (i.e., commits another offense), they will have to appear before the court to receive a sentence.
Key Points
- This provision focuses on the rehabilitation of drug offenders, particularly addicts, instead of focusing on imprisonment, by giving them an opportunity for medical treatment and probation.
- The offender’s age, health, and behavior play a crucial role in the court’s decision to grant probation.
- The bond serves as a guarantee for the offender’s reformation and commitment to remain drug-free and avoid further offenses.
- Failure to comply with the probation conditions (e.g., not staying drug-free or not attending follow-up court proceedings) can lead to the offender being sentenced.
This section aims to strike a balance between punishment and rehabilitation for drug offenders, offering a more compassionate approach for addicts while still ensuring accountability.
