(1) The Government may, in its discretion, establish as many centres as it thinks fit for identification, treatment, education, after-care, rehabilitation, social re-integration of addicts and for supply, subject to such conditions and in such manner as may be prescribed, by the concerned Government of any narcotic drugs and psychotropic substances to the addicts where such supply is a medical necessity by reason of there being no other safe manner for treating such addicts.
(2) The Government may make rules consistent with this Act providing for the establishment, appointment, maintenance, management and superintendence of, and for supply of narcotic drugs and psychotropic substances from, the centres referred to in sub-section (1) and for the training of personnel.
Legal Commentary & Landmark Judgments: Section 71
Section 71 of the Narcotic Drugs and Psychotropic Substances Act, 1985 empowers the Central Government or State Government to establish, fund, and regulate specialized centers for the identification, treatment, detoxification, and social reintegration of drug-dependent persons, and to regulate the supply of narcotic drugs and psychotropic substances for medical detox and de-addiction therapy. Representing the vital public-health and harm-reduction dimension of the NDPS Act, Section 71 balances punitive suppression with medical rehabilitation, creating the statutory architecture for Opioid Substitution Therapy (OST) and community reintegration.
For defense counsel representing an accused charged with small or intermediate quantity consumption or possession under Section 27, combine Section 71 with Section 39 or Section 64A (immunity to addicts volunteering for treatment). Move the trial court to divert the accused into a certified Section 71 de-addiction center rather than jail custody. If a private de-addiction center is running an unregulated facility, challenge its operations under Section 71(2) rules and constitutional writ petitions.