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State of Sikkim - Section

Section 19 in Sikkim Anti Drugs Act, 2006

19. Power of court to release certain offenders on probation.

(1)When an addict is found guilty of an offence punishable under Section 9 (b) 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, 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 detoxification or de-addiction from a hospital or an institution maintained or recognized by the Government, and to appear and furnish before the court within a period not exceeding six months, 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, and for abstaining from the commission of any offence under Chapter IV during such period 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.