Drug Addict Harassing Neighbours in Housing Society? Here’s How to File a Strong Police Complaint

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: A resident in a housing society who is frequently under the influence of drugs and harasses neighbours can be dealt with through a criminal complaint under the NDPS Act and the Bharatiya Nyaya Sanhita for public nuisance and criminal intimidation. If the local police refuse to act, a private complaint before a Magistrate under the BNSS often compels them to register an FIR and investigate.

Priya Deshmukh moved into a well-maintained apartment complex in Indore with her family in late 2024. Everything was peaceful—until a tenant in the adjacent block, Rakesh Tiwari, started behaving erratically. He would scream at odd hours, damage common property, and once threatened a senior citizen passing the corridor. Residents tried reasoning with him. Nothing changed. Society management issued notices. He ignored them. The police were called twice, but the local station only recorded a diary entry and told the complainants it was a “private matter.” Frustrated, the RWA approached Ms Deshmukh, who then reached out to the Chamber of Advocate Sudhir Rao. The office of Advocate Sudhir Rao reviewed the sequence of events and immediately spotted a critical gap. Earlier efforts had focused on noise complaints and general nuisance. Nobody had invoked the Narcotic Drugs and Psychotropic Substances Act or the specific public nuisance and criminal intimidation provisions under the new criminal laws. Within days, a comprehensive criminal complaint supported by witness affidavits and CCTV footage was filed before the jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita. The Magistrate directed the police to investigate. Soon after, an FIR was registered under Section 274 of the Bharatiya Nyaya Sanhita (public nuisance), Section 351 (criminal intimidation), and Section 27 of the NDPS Act. The police searched the flat, found contraband, and arrested the individual. Advocate Sudhir Rao’s domain-specific experience in handling such hybrid nuisance-and-drug complaints ensured that the society’s nightmare ended within weeks.

Key Facts of the Case

• The accused, Rakesh Tiwari, was a tenant in a housing society in Indore, frequently consuming narcotic substances inside his flat.
• Residents reported loud verbal abuse, damage to lift panels, and threats—amounting to public nuisance and criminal intimidation.
• Multiple oral complaints to the local police station yielded no FIR; only a GD entry was made.
• Society management sent formal notices, but the accused refused to vacate or alter his behaviour.
• The client approached the Chamber of Advocate Sudhir Rao after four weeks of inaction.
• A private complaint under Section 175(3) BNSS was filed, annexing witness statements, photos, and video evidence.
• The Magistrate ordered the police to register an FIR and investigate. A search led to the seizure of a small quantity of charas.
• The accused was arrested and later evicted by the landlord following the society’s legal notice.

The Direct Legal Answer

When a person under the influence of drugs makes life unbearable for neighbours, you aren’t limited to vague nuisance complaints. The law gives you multiple sharp tools. First, drug consumption itself is a criminal offence under Section 27 of the NDPS Act. So if you have credible evidence—cctv footage showing erratic behaviour, witnesses who have seen him smoke or inject, or discarded paraphernalia—you can file a complaint specifically citing that section.

Second, the behaviour flowing from that drug use—threats, damage, public disturbances—is independently punishable under the Bharatiya Nyaya Sanhita. Section 274 BNS covers public nuisance, and Section 351 BNS covers criminal intimidation. Together, these create a strong basis for an FIR. If the police station refuses to act on a verbal complaint, submit a written complaint under Section 173 BNSS, and if that fails, move the Magistrate directly under Section 175(3) BNSS. The Magistrate can order an investigation, and once an FIR is registered, things move quickly. The combination of NDPS charges and BNS provisions shifts the matter from a “neighbourhood dispute” to a serious criminal case that the police cannot ignore.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Don’t wait until the situation escalates into physical harm. Start gathering evidence the moment you see a pattern. A diary of incidents with dates and times, along with multiple resident statements, makes a huge difference. And here’s the thing—general practitioners often treat this as a petty nuisance case and miss the opportunity to invoke the NDPS Act. That misstep can delay everything. A lawyer who regularly handles criminal complaints involving drugs and public order knows exactly which sections to press and how to move the Magistrate if the police are slow. That domain-specific edge often turns a dead-end complaint into an FIR within days.

Also, coordinate with your society’s managing committee. They can issue a formal eviction notice to the landlord under the society bye-laws, which runs parallel to the criminal process and adds pressure.

Applicable Sections of Law

In a case like this, the core provisions come from both the NDPS Act and the new criminal statutes. Section 27 of the NDPS Act penalises the consumption of any narcotic drug or psychotropic substance. Under the Bharatiya Nyaya Sanhita, 2023, Section 274 makes public nuisance—any act causing common injury, danger, or annoyance to the public or people in the vicinity—punishable. Section 351 BNS criminalises threats to cause alarm or injury. Procedurally, the complaint is governed by Section 173 BNSS (information to the police) and Section 175(3) BNSS (private complaint to a Magistrate when police refuse to act).

Punishment and Penalties

For public nuisance under Section 274 BNS, the punishment is a fine up to one thousand rupees, or simple imprisonment up to six months, or both. Criminal intimidation under Section 351 BNS carries imprisonment up to two years, or fine, or both. More significantly, Section 27 NDPS Act prescribes rigorous imprisonment up to one year and a fine up to twenty thousand rupees for consumption of narcotic drugs. These are cognizable offences—the police can arrest without a warrant—and are generally bailable. The NDPS offence for consumption is also non-compoundable, meaning it cannot be settled privately without court permission.

Jurisdiction — Where to File the Case

The criminal complaint must be filed at the police station having territorial jurisdiction over the locality where the society is situated. That’s the first and most direct route. If the police fail to register an FIR, the private complaint under Section 175(3) BNSS goes to the jurisdictional Judicial Magistrate. The Magistrate’s court covering your area will entertain the complaint and, if satisfied, direct the investigating officer to proceed. For society-related offences, it’s typically the Magistrate of the First Class. There’s no pecuniary jurisdiction issue here, but territorial jurisdiction is strictly enforced—so never approach a police station or court outside your society’s area.

What if Police Refuse to File FIR?

It happens more often than it should. You call the police, they pacify, and leave. When that happens, you have clear statutory remedies.

• Send a written complaint to the Station House Officer by registered post with acknowledgment due, explicitly citing the offences. Under Section 173(4) BNSS, if the complaint discloses a cognizable offence, the officer must register the FIR.
• If that still does not work, approach the Superintendent of Police with the same complaint and proof of your earlier attempts.
• File a private complaint before the Magistrate under Section 175(3) BNSS. The Magistrate can examine the complainant and witnesses, and if a prima facie offence is made out, order the police to investigate.
• As a last resort, a writ petition before the High Court under Article 226 can be filed, but the Magistrate route is usually faster and more practical.

Rights of the Accused

Even in a distressing case like this, the accused has constitutional and statutory protections.

• Article 20(3) guarantees the right against self-incrimination—he cannot be forced to confess.
• Article 22 ensures the right to legal representation and the right to be produced before a Magistrate within 24 hours of arrest.
• Under Section 183 BNSS, the arrested person has the right to be informed of the grounds of arrest and to a copy of the FIR.
• If the offence is bailable, he must be released on bail when he offers the required security.
• He has the right to apply for anticipatory bail under Section 482 BNSS if he apprehends arrest in a non-bailable offence—though consumption under NDPS Act is bailable, so this may not arise here.

Bail Provisions

Section 27 NDPS Act offence (consumption) is bailable. Public nuisance under Section 274 BNS is also bailable. Criminal intimidation under Section 351 BNS is non-bailable if the threat is to cause death or grievous hurt, but in a typical neighbour dispute it’s usually bailable. So, if arrested, the accused can secure bail from the police station itself or from the Magistrate. The bail amount will be modest, and conditions may include regular attendance and non-interference with witnesses. Anticipatory bail is not typically needed here because the offences are predominantly bailable, but if the police add more serious charges during investigation, the situation could change. A lawyer should monitor the chargesheet.

Quashing of FIR / Case

The High Court can quash an FIR under its inherent powers vide Section 528 BNSS. Quashing is not routine—it’s granted only when the FIR, taken at face value, discloses no offence, or the case is an abuse of process. In this type of matter, if the accused later undergoes de-addiction treatment and the residents agree to a settlement, the parties can approach the High Court for quashing of the BNS sections, but the NDPS Act offence—being non-compoundable—may complicate quashing unless the court exercises its extraordinary jurisdiction in the interests of justice. A well-drafted settlement agreement and a change in the accused’s behaviour are critical for any quashing petition to succeed.

If You Are the Victim

• Don’t confront the person directly; it can escalate into violence.
• Start maintaining a written log of every incident with date, time, and description.
• Collect CCTV footage, audio recordings (if legally obtained), and photographs of any damage.
• Approach the society management first, but if they are slow, form a group of at least three residents and visit the police station together.
• Insist on a written acknowledgment of your complaint. If denied, immediately consult a criminal lawyer.
• Don’t post details on social media while the matter is pending; it can be used against you or weaken your complaint.

Documents You Must Keep Ready

• Aadhaar cards and PAN cards of all complainants.
• Society registration certificate and allotment letters to show you are residents.
• Copy of the society’s bye-laws (especially clauses on nuisance and eviction).
• Written complaints submitted earlier to the society and police—with acknowledgments.
• CCTV video clips on a pen drive, with a written index of timestamps.
• Photographs of property damage, if any.
• Statements of at least two independent witnesses who saw the drug consumption or threatening behaviour.
• Any WhatsApp messages or emails from other residents describing the problem.

What Evidence Is Required?

• CCTV footage: Showing the accused entering or exiting in an intoxicated state, or behaving aggressively in common areas.
• Witness testimony: At least two residents who can testify about the nuisance and, preferably, having seen drug consumption.
• Call records and messages: If the accused sent threatening texts or made abusive calls.
• Photographs: Of any syringe, drug paraphernalia, or damaged property.
• Police daily diary extracts: Proof of earlier complaints to the station.
• Medical records: If the accused ever came to a hospital in an intoxicated state—though in society complaints, this is rare.
• Society notice copies: To show that internal remedies were exhausted.

How the Police Behave in Such Cases

In a busy police station, an intoxicated neighbour harassing residents doesn’t seem like a priority. Until a specific offence under the NDPS Act is cited, officers often treat it as a petty quarrel. They’ll try to mediate on the spot. That mediation rarely works because the root cause—drug use—is never addressed. Once an NDPS section is invoked, the dynamics change. The police recognise they have a legal obligation to investigate a cognizable, non-compoundable drug offence. Their attitude becomes more procedural. Expect them to visit the society, knock on the flat, and search for contraband. If you’ve already preserved evidence, their job becomes easier and they act faster.

Timeline of Legal Process

Criminal complaint to resolution—typical stages:

• Written complaint to police station: same day; FIR registration ideally within 24 hours if the complaint discloses a cognizable offence.
• If police refuse, private complaint before Magistrate: first hearing usually within 7–15 days; order to investigate can be passed immediately or after a short inquiry.
• Investigation triggered by Magistrate’s order: 15–30 days for search, seizure, witness statements, and filing of chargesheet.
• Bail: if arrested, accused can be released on bail within hours from the police station itself.
• Trial: if chargesheet is filed, framing of charges takes 2–4 months; trial may run 6–12 months depending on pendency.
• Parallel eviction through society bye-laws: 30–60 days if the landlord cooperates after receiving a legal notice.

The whole process from complaint to concrete relief often takes 2–3 months when the Magistrate route is used smartly.

How Long Will the Investigation Take?

Once an FIR is registered under the NDPS Act and BNS sections, the police typically complete the investigation within 30 to 45 days. That includes recording statements, sending seized substances to the forensic lab, and filing the chargesheet. In routine society nuisance cases without drug possession, the investigation wraps up sooner. The forensic lab report for the seized drug may take an additional 3–4 weeks, but the arrest, search, and main investigation happen quickly once the machine starts rolling.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Yes, but with caveats. The BNS sections for public nuisance and criminal intimidation are compoundable with the court’s permission if the accused genuinely reforms and the complainants withdraw their grievance. The NDPS Act offence, however, is non-compoundable. So a private settlement alone won’t make the criminal case vanish. That said, if the accused undergoes de-addiction treatment and the residents file a joint petition, the High Court can use its inherent powers under Section 528 BNSS to quash the proceedings in the interest of justice. Mediation or a Lok Adalat is not typically used for drug-related offences, but the society and the accused can enter into a compromise that becomes a strong ground for quashing. Settle only after taking legal advice, because a poorly drafted compromise can leave criminal charges hanging.

Common Mistakes People Make

• Delaying action until someone gets physically hurt—by then, gathering evidence becomes much harder.
• Trying to reason with the addicted person alone at night—this often leads to counter-allegations and physical fights.
• Handing over original video clips or documents to the police without keeping multiple copies; originals can get lost.
• Filing a vague complaint that merely says “he creates nuisance” without citing specific sections—police treat these as non-cognizable.
• Engaging a lawyer who does not regularly handle drug-related criminal complaints—nuances like invoking NDPS Sections, moving the Magistrate under Section 175(3) BNSS when police refuse, and coordinating with society bye-laws require domain-specific planning. A general approach can leave you stuck with an unregistered complaint for weeks.
• Posting about the incident on the society’s WhatsApp group or social media before the legal process starts—this can alert the accused to destroy evidence or file a counter-case.

FAQs People Normally Have

Can a housing society evict a drug-addicted tenant on its own?

No. The society’s managing committee cannot physically remove a resident. But they can invoke the bye-laws, issue a notice to the landlord, and place the matter before the general body. If the landlord fails to evict, the society can file a civil suit. The criminal complaint under NDPS and BNS adds enormous pressure on the landlord to terminate the tenancy quickly.

What if the police come but don’t register an FIR, just write a diary entry?

This is common. A diary entry is not an FIR. You must then send a written complaint under Section 173 BNSS by registered post, and if that fails, file a private complaint before the Magistrate under Section 175(3) BNSS. The Magistrate can order the police to investigate.

Will I have to go to court multiple times?

As a complainant, you may need to appear when the private complaint is filed, and later during trial if the case proceeds. But with a good lawyer, many procedural steps can happen without your physical presence. If the accused gets evicted early, the society’s problem is resolved, and court appearances reduce.

Can the accused get bail immediately and return to the flat?

Yes, since the offences are mostly bailable, bail is likely. But the society’s legal notice to the landlord for eviction can run parallel, and the landlord, fearing further trouble, usually cooperates. So bail doesn’t automatically mean he continues living there.

Is audio recording of threats legal?

Audio recordings obtained without the other person’s consent are admissible in criminal proceedings if they are relevant and the court is satisfied about their authenticity. However, secretly recording a private conversation can raise privacy concerns. It’s better to rely on witnesses and CCTV in common areas.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.