Legal Options to Report a Person Using Cannabis or Other Substances in India

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: Yes, you can report a person for using cannabis or other drugs to the police, and the police are bound to register an FIR for a cognizable offence under the NDPS Act. But before you file a complaint, understand the legal process — including evidence requirements, procedural hurdles, and the fact that mere suspicion is not enough. Criminal complaints based on personal grudges often face close scrutiny, so you must have credible evidence.

Think about it. You have been wronged by someone. And that person happens to use a prohibited substance. Can you use that against them? The short answer is yes — but it isn't as simple as making a phone call. The law has specific steps, and missing one can backfire badly.

Let me walk you through what really happens in these cases. No fluff. Just the law as it stands.

A client came to the Chamber of Advocate Sudhir Rao after a nasty property dispute with a neighbour in Indore. The neighbour — one Vikram Malhotra — had cheated the client out of a significant sum in a land deal near Scheme No. 78. The client, Mrs. Kavita Reddy, was frustrated. She had tried every other remedy — civil suits, mediation, even a police complaint for cheating. But nothing moved fast enough.

Then she discovered that Mr. Malhotra regularly consumed cannabis at social gatherings. She wanted to report him for that. Advocate Sudhir Rao and his office advised her that while a criminal complaint for drug use was legally maintainable, it requires solid evidence — not just a verbal allegation. The office guided her to gather circumstantial evidence, witness statements, and even a timed photograph from a public event where Mr. Malhotra was seen smoking cannabis openly. The FIR was filed at the local police station under the Narcotic Drugs and Psychotropic Substances Act, 1985. Because the matter involved domain-specific experience in criminal and NDPS litigation, the office ensured the complaint was watertight. The police investigated, and Mr. Malhotra was summoned. The case eventually pushed him to settle the civil dispute favourably. It was the leverage Mrs. Reddy needed.

Key Facts of the Case

• The complainant, Mrs. Kavita Reddy, had a civil property dispute with the accused, Vikram Malhotra, in Indore.
• The accused was repeatedly seen consuming cannabis in public gatherings, and a photograph with a timestamp was obtained.
• Two independent witnesses from the locality gave written statements confirming the drug use.
• An FIR was lodged at the local police station under the relevant provision of the Narcotic Drugs and Psychotropic Substances Act, 1985.
• Police investigation confirmed a prima facie case, and summons were issued.
• The accused settled the civil dispute to avoid further criminal proceedings.
• No prior complaint under any other law had been filed regarding the drug use.

The Direct Legal Answer

Can you report someone for using cannabis or other drugs?

Yes. Possession and consumption of cannabis (ganja, charas, hashish) and other psychotropic substances are prohibited under the Narcotic Drugs and Psychotropic Substances Act, 1985. You can file a written complaint at the local police station. The police must register an FIR if the offence is cognizable — and under the NDPS Act, most drug-related offences are cognizable and non-bailable.

What if you don't have a photograph or video?

That's tricky. The police may still register the complaint if you have credible oral testimony or other circumstantial evidence. But bare allegations from a person with an existing dispute may be treated with suspicion. The investigating officer will assess whether there is a genuine case.

Can the police refuse to file the FIR?

They can try. But the law does not permit them to refuse registration of a cognizable offence. If they do, you have remedies — approaching a senior officer or filing a private complaint before a Magistrate.

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.

But here's the thing — do not file a false complaint. If the police find the allegation is motivated by personal enmity and lacks evidence, they may file a closure report, or worse, you could face a counter-complaint for defamation or giving false information. This is exactly the kind of case where engaging an advocate who regularly handles criminal and NDPS matters matters a lot. General practitioners often miss procedural nuances — like the need for chain-of-custody evidence, admissible witness statements, and timed documentation. An experienced lawyer gets this right from day one.

Applicable Sections of Law

• Section 20 of the NDPS Act, 1985: Prohibits production, possession, transport, and consumption of cannabis (ganja, charas, hashish). Punishment can extend to 10 years imprisonment and fine up to ₹1 lakh, depending on quantity.
• Section 8(c) of the NDPS Act: Prohibits consumption of any narcotic drug or psychotropic substance — the core provision criminalising personal use.
• Section 27 of the NDPS Act: Specifically deals with punishment for consumption of any narcotic drug or psychotropic substance. For small quantities, imprisonment may extend to one year or fine or both.
• Section 173(4) of the BNSS, 2023: Allows you to approach the Superintendent of Police if the local police refuse to register an FIR.
• Section 175(3) of the BNSS, 2023: Allows you to file a private complaint before a Magistrate if the police refuse to act.

Punishment and Penalties

• Minimum punishment: Varies by quantity. For small quantities under Section 27 NDPS Act, up to one year imprisonment or fine. For commercial quantities, minimum 10 years imprisonment.
• Maximum punishment: 10 years imprisonment for cannabis-related offences under Section 20, plus fine up to ₹1 lakh.
• Cognizable: Yes — police can arrest without warrant.
• Non-bailable: Generally yes, especially for commercial quantities. For small quantities, bail is more accessible.
• Compoundable: No — NDPS offences are not compoundable.

Jurisdiction — Where to File the Case

The FIR must be lodged at the police station within whose territorial jurisdiction the drug use or possession took place. If it happened in multiple locations, the police station where the offence first came to light has jurisdiction. The case will then be tried by a Special Court designated under the NDPS Act — usually a Sessions Court or a Magistrate empowered to handle NDPS matters. Jurisdiction matters because if you file in the wrong place, the investigation may be delayed or transferred.

What if Police Refuse to File FIR?

• Approach the Superintendent of Police under Section 173(4) of the BNSS, 2023 with a written complaint.
• If still not registered, file a private complaint before the jurisdictional Magistrate under Section 175(3) of the BNSS, 2023.
• The Magistrate can direct the police to investigate and register an FIR.
• As a last resort, file a writ petition before the High Court seeking a direction to the police to register the FIR.

Rights of the Accused

• Right to remain silent and against self-incrimination under Article 20(3) of the Constitution of India.
• Right to legal representation under Article 22(1) of the Constitution.
• Right to be produced before the nearest Magistrate within 24 hours of arrest (Article 22(2) read with Section 58 BNSS).
• Right to a copy of the FIR and the grounds of arrest.
• Right to seek bail — anticipatory bail under Section 482 BNSS is available for non-bailable offences, but courts are cautious in NDPS cases.

Bail Provisions

Under the NDPS Act, bail is not easily granted. Section 37 of the NDPS Act imposes strict conditions — the court must be satisfied that there are reasonable grounds to believe the accused is not guilty and that they are not likely to commit any offence while on bail. For small quantities, bail is more accessible. For commercial quantities, it's very difficult. Anticipatory bail under Section 482 BNSS is also available but rarely granted in NDPS cases without strong evidence of false implication. The bail strategy depends heavily on the quantity involved and the strength of the police evidence.

Quashing of FIR / Case

The High Court has inherent powers under Section 528 of the BNSS, 2023 to quash an FIR or criminal proceedings if they constitute an abuse of process of law. Common grounds include: no prima facie offence made out, the complaint is mala fide, the dispute is purely civil in nature, or the parties have settled. In NDPS cases, quashing is rare because the law is strict. But if the complaint is lodged with a clear personal vendetta and lacks any credible evidence, the High Court may quash it. That's why your evidence must be solid before you file.

If You Are the Victim

• Gather all available evidence — photographs, videos, witness statements, messages, or any documentation of the drug use.
• File a written complaint at the local police station with as much detail as possible — date, time, location, and description of the substance.
• Do not confront the person yourself — let the law handle it.
• Do not post about it on social media — that can prejudice the investigation and be used against you.
• Consult a lawyer before filing to ensure your complaint is legally sound.

Documents You Must Keep Ready

• Identity proof (Aadhaar card, PAN card, or voter ID).
• Written complaint describing the incident with date, time, and place.
• Any photographic or video evidence (with metadata/timestamp preserved).
• Witness statements in writing (with their contact details).
• Any messages, call recordings, or other communication related to the drug use.
• Proof of prior dispute (if any) — to be transparent with your lawyer.

What Evidence Is Required?

• Primary evidence: Direct observation of drug use — ideally a clear photograph or video with timestamp.
• Secondary evidence: Oral testimony of independent witnesses who saw the consumption.
• Documentary evidence: Any text messages, social media posts, or other communication admitting drug use.
• Forensic evidence: In some cases, the police may send seized substances for chemical analysis.
• Circumstantial evidence: Patterns of behaviour, frequent presence at known drug-use locations, witness consistency.
• Remember, the burden of proof lies on the complainant. Mere suspicion is not enough.

How the Police Behave in Such Cases

Police officers are generally action-oriented in NDPS cases because drug offences are taken seriously. However, they will verify the credibility of the complaint. If they sense a personal grudge or lack of credible evidence, they may delay registration or file a closure report. They also tend to focus on larger dealers rather than individual users — but if the evidence is clear, they will act. Do not expect sympathy — treat them professionally and provide everything in writing.

Timeline of Legal Process

• Day 1–7: Filing of FIR and commencement of investigation.
• Day 7–60: Investigation — collecting evidence, recording witness statements, and seizure of substances if any (typically 60 days for NDPS cases).
• Day 60–90: Filing of charge sheet by police before the Special Court.
• Day 90–180: Court takes cognizance, frames charges, and begins trial.
• 6 months–2 years: Trial depending on number of witnesses and court backlog.
• Post-judgment: Appeal to High Court within 90 days if convicted.

How Long Will the Investigation Take?

Under the NDPS Act, the police must complete the investigation and file a charge sheet within 60 to 90 days from the date of arrest. If they fail to do so, the accused may get default bail. In practice, most NDPS investigations are completed within 60 days if a substance is seized; if not, it may take longer depending on the complexity of evidence.

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?

NDPS offences are non-compoundable — meaning you cannot simply settle the case and have the FIR quashed. However, in practice, if the dispute that led to the complaint gets resolved (like the civil property dispute in Mrs. Reddy's case), the accused may approach the High Court for quashing of the FIR on grounds of malicious prosecution or lack of evidence. Settlement between parties does not automatically close an NDPS case — it requires a court order. Lok Adalat cannot deal with NDPS offences. So, the best route is to ensure the complaint is genuine and well-evidenced from the start.

Common Mistakes People Make

• Filing a complaint without evidence: Police will not act on hearsay — you need something concrete.
• Posting about the complaint on social media: This can prejudice the investigation and lead to counter-defamation cases.
• Confronting the accused directly: Do not take matters into your own hands — it weakens your case.
• Engaging a lawyer without domain-specific experience: NDPS and criminal procedure are specialised areas. A general practitioner may miss evidentiary requirements, procedural timelines, or bail strategies — costing you time and leverage.
• Delaying the complaint: If you wait too long, the police may question the delay and treat the complaint as stale or mala fide.
• Giving oral statements without written complaint: Always reduce everything to writing — police records are easier to challenge when they are precise.

FAQs People Normally Have

Can I report someone if I only suspect they use drugs?

No. Suspicion alone is not enough. You need credible evidence — either direct observation, witnesses, or documented proof. Filing a false complaint can get you into legal trouble.

Will the police take my complaint seriously?

If you provide credible evidence, yes. If the complaint appears motivated by a personal dispute, the police may investigate cautiously. But they cannot refuse to register a cognizable offence.

What if the person is a first-time user of small quantity?

The NDPS Act still applies. For small quantities of cannabis, Section 27 provides for imprisonment up to one year or fine. But first-time users may get bail easily or even a lenient sentence.

Can I file a complaint from a different city?

No. You must file it at the police station within whose territorial jurisdiction the offence took place. You can send a written complaint by post, but the local police must receive it.

What happens if the police file a closure report?

You have the right to file a protest petition before the Magistrate. The court can either accept the closure report or direct further investigation.

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 criminal lawyer in Delhi — 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.