Power of court to release certain offenders on probation
Section 39 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with power of court to release certain offenders on probation. When any addict is found guilty of an offence punishable under section 27 [or for offences relating 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 men The Act came into force on 14 Nov 1985.
(1) When any addict is found guilty of an offence punishable under section 27 1[or for offences relating 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.
(2) If it appears to the court, having regard to the report regarding the result of the medical treatment furnished under sub-section (1), that it is expedient so to do, the court may direct the release of the offender after due admonition on his entering into a bond in the form prescribed by the Central Government, with or without sureties, for abstaining from the commission of any offence under Chapter IV during such period not exceeding three years as the court may deem fit to specify or on his failure so to abstain, to appear before the court and receive sentence when called upon during such period.
Section 39, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 39
What does Section 39 of the Narcotic Drugs and Psychotropic Substances Act deal with?
Section 39 of the Narcotic Drugs and Psychotropic Substances Act is headed "Power of court to release certain offenders on probation". When any addict is found guilty of an offence punishable under section 27 [or for offences relating 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 men
How do I find court cases under Section 39 of the Narcotic Drugs and Psychotropic Substances Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NDPS Act 39, section 39 NDPS Act, section 39 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type 39 ndps act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 39 of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?
Its own text turns on section 27 (Punishment for consumption of any narcotic drug or psychotropic substance), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently THE NARCOTIC DRUGS SUBSTANCES AND PSYCHOTROPIC RULES, 1985I (1985).
When did Section 39 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 39 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 39, came into force on 14 Nov 1985, having been enacted on 16 Sep 1985. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1747 words
- 68B. Definitions819 words
- 9. Power of Central Government to permit, control and regulate816 words
- 36A. Offences triable by Special Courts631 words
- 10. Power of State Government to permit, control and regulate568 words
- 42. Power of entry, search, seizure and arrest without warrant or authorisation507 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.