Home  /  Narcotic Drugs and Psychotropic Substances Act, 1985  /  Section 39

Section 39: Power of court to release certain offenders on probation

Narcotic Drugs and Psychotropic Substances Act, 1985 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 38 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 40

Legal Commentary & Landmark Judgments: Section 39

Section 39 of the NDPS Act establishes a therapeutic and rehabilitative diversion mechanism, empowering courts to release drug-dependent persons convicted under Section 27 or for small quantity possession on probation, conditional upon undergoing de-addiction treatment in an approved medical institution.

  • Eligible Category of Convicts: Available exclusively to offenders convicted of personal consumption under Section 27 or possessing a small quantity of narcotic drugs or psychotropic substances.
  • Rehabilitative Diversion with Consent: The court, with the consent of the convict, may release them on probation upon executing a bond with or without sureties to undergo medical de-addiction treatment for up to one year.
  • Consequences of Default / Report of Cure: If the convict fails to undergo treatment or breaches bond conditions, the court may summon them and pass substantive sentence; upon successful medical completion, the court may discharge the offender.
Key Landmark Precedents:
  • Sucha Singh v. State of Punjab (2003) 7 SCC 643: The Supreme Court highlighted the legislative distinction between commercial drug traffickers and drug victims/addicts, affirming the therapeutic mandate under Section 39 to facilitate rehabilitation rather than incarceration.
  • Gautam v. State of Maharashtra 2018 SCC OnLine Bom 2816: The Bombay High Court emphasized that where an accused is found in possession of a small quantity and demonstrates addiction, trial courts must actively consider Section 39 diversion before imposing custodial sentences.
Courtroom Practice & Strategic Litigation Guidance:

When representing an addict or first-time consumer convicted under Section 27, make a formal application under Section 39 accompanied by an affidavit expressing willingness to enter a government-recognized de-addiction facility. This diverts the client away from prison records and leads to discharge upon certified completion.

Section 38 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 40