In India, being caught with drugs like cocaine is a serious legal matter under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. But what if you are not a drug dealer or trafficker — what if you’re simply someone struggling with an addiction, someone who wants to get better?

There’s hope — not just medically, but legally.

⚖️ Section 64A: India’s Compassionate Clause in the NDPS Act

The NDPS Act is known for its strict punishments. But it also carries a progressive, health-oriented provision under Section 64A, which offers immunity from prosecution if a person voluntarily seeks treatment for drug addiction.

“Addiction is not a crime. It is an illness that needs help — not handcuffs.”

🔍 What Does Section 64A Say?

Here’s the legal language simplified:

“Any addict who is charged with an offence punishable under section 27 (consumption) or under section 20, 21 or 22 involving small quantity of narcotic drugs or psychotropic substances, who voluntarily seeks to undergo medical treatment for de-addiction, shall not be prosecuted, subject to completion of the treatment as certified by the government-recognized center.”

✅ What this means:

• If you’re caught with a small quantity (e.g., a gram of cocaine) for personal use,

• AND you’re medically considered an addict,

• AND you agree to undergo treatment voluntarily,

• THEN, you can be spared from prosecution.

The court may hold the trial in abeyance and refer the individual to treatment. On successful completion, the case can be dropped entirely.

📏 What is a “Small Quantity” Under NDPS?

The NDPS Act defines thresholds for each substance.

For cocaine, the limits are:

• Small quantity: up to 2 grams

• Commercial quantity: 100 grams or more

So, possession of under 2 grams with signs of personal addiction, not trafficking, qualifies you for immunity under Section 64A.

⚖️ Why Was This Clause Introduced?

The lawmakers recognized that treating addicts as criminals only worsens the situation. Instead of punishment, they need:

• Withdrawal management

• Psychiatric evaluation

• Therapy for underlying trauma or mental health issues

• Support systems to stay drug-free

Section 64A encourages people to come forward without fear of jail, diverting them from courts to clinics.

🧠 Cocaine Users: Why This is Crucial

Cocaine is a powerful stimulant that:

• Causes intense psychological dependence

• Leads to risky behavior, paranoia, aggression

• Often results in dual diagnosis with depression or anxiety

Those who use it often fear legal consequences and avoid seeking help — making their addiction spiral worse.

But under Section 64A, even if caught, you can opt for treatment over trial.

🚪 Real Example: How This Could Work

Let’s say someone like Mr. S, a known actor or student, is caught with 1.5 grams of cocaine. He is arrested under Section 21(b) NDPS (punishable by up to 1 year).

If he shows evidence of addiction and agrees to go to a licensed deaddiction centre, the court can direct treatment instead of punishment.

After successful completion, the case can be dismissed or closed, without a criminal record.

🏥 Where Can You Get Treatment?

You must seek care at a government-recognized or notified private treatment center. As a psychiatrist trained in addiction psychiatry, I provide confidential, evidence-based treatment at:

🧠 Dr. Srinivas Rajkumar T, MD (AIIMS)
Consultant Psychiatrist & Deaddiction Specialist
📍 Apollo Clinic Velachery / Tambaram
📞 Call: 8595155808

We provide:

• NDPS-compliant legal support documentation

• Medical detox and psychological therapy

• Family counselling and relapse prevention

💬 Final Thoughts: From Judgment to Healing

“The law is not just a sword — it can also be a shield. If you or someone you know is struggling with cocaine or any other drug, the time to seek help is before the system comes knocking — or immediately after. Section 64A gives you a lifeline — don’t ignore it.”