Section 39 of NDPS Act, 1985 : Section 39: Power Of Court To Release Certain Offenders On Probation

Explanation using Example

Imagine a 19-year-old named Rohit who has become addicted to a controlled substance. He is arrested for possession of a small amount of this substance, which is his first offence. Under Section 39 of The Narcotic Drugs and Psychotropic Substances Act, 1985, the judge, considering Rohit's young age and his status as a first-time offender, decides that instead of sending him to jail, it would be more beneficial for Rohit to receive treatment for his addiction.

The court, with Rohit's consent, orders him to be released to a recognized de-addiction center. Rohit must sign a bond agreeing to complete the treatment and to not commit any drug-related offences for a year. After the treatment, Rohit must present a report to the court on his progress. If the report is positive and the court is satisfied with Rohit's recovery, they may release him with a warning and a bond to refrain from committing any offences for up to three years. If Rohit fails to comply, he must return to court to face sentencing.