Section 10
New section 6a
of Drug Dependants (Treatment and Rehabilitation) (Amendment) Act 2024
The principal Act is amended by inserting after section 6
the following section:
“Order of Magistrate which may be made on drug or substance misuser 6a. (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 or substance misuser, the officer shall produce the person, or cause the person to appear before a Magistrate.
(2)
Where a drug or substance misuser is produced or appears before a Magistrate, the Magistrate shall, on 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 in a community under the supervision of a Rehabilitation
Officer at a place specified in the order for a period not exceeding two years; or
(b)
order such person to undergo treatment and rehabilitation at a Rehabilitation Centre specified in the order for a period not exceeding six months.
(3)
An order of treatment and rehabilitation in a community imposed on a person under paragraph (2)(a) shall contain the following conditions:
(a)
the person shall reside in a State or Federal Territory or any area as specified in the order;
(b)
the person shall not leave the area where he resides unless written permission is obtained from the Director General;
(c)
the person shall report at the nearest National
Anti-Drugs Agency office at the time specified in the order;
(d)
the person shall not consume any dangerous drug or substance;
(e)
the person shall undergo such tests at such time and place as determined by a Rehabilitation Officer;
(f)
the person shall undergo such programme for the treatment and rehabilitation of drug or substance misuser as determined by a Rehabilitation Officer; and
(g)
the person shall comply with any direction specified in the Director General’s Standing Order.
(4)
If after due consideration of the Rehabilitation Officer, a person who is undergoing an order of treatment and rehabilitation in a community under paragraph (2)(a) requires treatment and rehabilitation at a Rehabilitation Centre, an officer may produce the person, or cause the person to appear before a Magistrate.
(5)
Where a person is produced or appears before a Magistrate under subsection (4), the Magistrate may, after considering the report by a Rehabilitation Officer and after giving such person opportunity to make representations, order the person to undergo treatment and rehabilitation at a Rehabilitation Centre for a period not exceeding six months.
(6)
Any person undergoing treatment and rehabilitation in a community under paragraph (2)(a) who fails to comply with any of the conditions imposed under subsection (3)
commits an offence and shall, on conviction—
(a)
in the case of a first offence, be liable for an order of an extension of a period of treatment and rehabilitation in a community for a period not exceeding six months;
and
(b)
in the case of a second or subsequent offence, be liable for an order to undergo treatment and rehabilitation at a Rehabilitation Centre for a period not exceeding one year.”.
Drug Dependants (Treatment and Rehabilitation)
(Amendment)
11