Vijender unlikely to face punishment even if he took heroin - Times of India

NEW DELHI: Even if it is proven that boxer Vijender Singh consumed heroin or any other drug willingly, he may not be in much trouble. According to the Narcotics Drug and Psychotropic Substances Act, a person will face punishment only for possession of a 'sizeable' quantity of drugs or peddling the same. In Vijender's case, neither has any drug been found in his possession nor has he been found to be involved in the peddling racket. Even his wife's car, found near the flat where heroin worth Rs 130 crore was recovered, did not have any drugs in it. As far as consumption is concerned - which Vijender's sparring partner Ram Singh has reportedly confessed to having done with the Olympian - the law provides for a punishment of up to six months of imprisonment. However, the court has the option of waiving it off depending on the past record and conduct of the accused and instead suggest rehabilitation. Consumption too needs to be proven through a medical examination. Generally, heroin shows up in the blood stream only if medical examination is conducted within 48 hours of consumption. Given that by his own admission, Ram Singh and Vijender were not regular users of the drug and had last consumed it in January-February, it is unlikely their blood will have any trace of the drug. Possession of up to 5 gm heroin is considered 'small quantity' under the NDPS Act which gives the court the right to waive off punishment. Had Vijender and Ram Singh been caught in January while taking the drug, they would have escaped punishment as they were in possession of only 2 gm of h eroin according to the police. A Narcotics Control Bureau official said, "Though the law provides for punishment in case of consumption, rarely are people sent behind bars. The law itself takes a humanitarian approach, treating the accused as a sick man who needs medical help and so must be sent to a rehabilitation center rather than behind bars. In this case, there is no possession itself, nor is there any way to prove Vijender has consumed heroin, so it is very difficult to take any action against him." The official, however, added that if in any way it comes out during the investigation that he gave his vehicle for carrying of drugs knowingly, he will be charged with the offence of abetting and conspiracy of narcotics trafficking and could face imprisonment of up to 10 years. In case of small quantities of drug possession or consumption, the NDPS Act says, "When any addict is found guilty of an offence punishable under section 27 (or for offences relatin g to small quantity of any narcotic drug or psychotropic substance) and if the court by which he is found guilty is of the opinion, regard being had to the age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for de-toxification or de-addiction from a hospital or an institution maintained or recognised by government and on his entering into a bond in the form prescribed by the central government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical treatment and, in the meantime, to abstain from the commission of any offence under Chapter IV." via Top Stories - Google News http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNG9ROLfex1fqiiNTTLkgs5RUcr6RQ&url=http://timesofindia.indiatimes.com/india/Vijender-unlikely-to-face-punishment-even-if-he-took-heroin/articleshow/18899055.cms

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