Section 6
Magistrate’s order which may be made on a drug dependant
of Drug Dependants (Treatment and Rehabilitation) Act 1983
(1)
Where a person who has undergone the tests referred to in section 3 or 4 and, in consequence of such tests, is certified by a government medical officer or a registered medical practitioner to be a drug dependant, the officer shall produce him, or cause him to appear before a Magistrate, and the Magistrate shall upon the recommendation of a Rehabilitation Officer and after giving such person an opportunity to make representations—
(a)
order such person to undergo treatment and rehabilitation at a Rehabilitation Centre specified in the order for a period of two years and thereafter to undergo supervision by an officer at the place specified in the order for a period of two years; or
Drug Dependants (Treatment and Rehabilitation) 9
(b)
order such person to undergo supervision by an officer at the place specified in the order for a period of not less than two and not more than three years.
(2)
An order of supervision imposed on a person under paragraphs (1)(a) and (b) shall contain the following conditions:
(a)
the person must reside in a State or Federal Territory or any area as specified in the order;
(b)
the person must not leave the area where he resides without the written permission of the Director General;
(c)
at the time specified in the order, the person shall report at the nearest police station or for a member of the armed forces at the place specified by an officer;
(d)
the person shall not consume, use or possess any dangerous drugs;
(e)
the person shall undergo such tests at such time and place as may be ordered by an officer; and
(f)
the person shall undergo any programme for the rehabilitation of drug dependants held by the Government.
(3)
Any person undergoing supervision under paragraph (1)(a) or
(b)
who fails to comply with any condition imposed under subsection
(2)
shall be guilty of an offence and shall on conviction be liable to be punished with imprisonment for a period not exceeding three years or to whipping not exceeding three strokes or to both.