Person found with illegal substances

The Managing Committee member(s) may inform local police (in individual capacity) but not on behalf of Society.

Yes. A co-operative housing society in Thane, Maharashtra may issue a written notice/letter to a member if the member, family member, tenant, or occupant is allegedly possessing or consuming prohibited narcotic substances within the society premises, particularly where the conduct creates nuisance, safety concerns, or involves suspected illegal use of the premises.

However, the society should not declare the person guilty of a drug offence merely on suspicion. The letter should state the reported facts, refer to applicable bye-laws, seek an explanation, and warn against illegal or nuisance-causing activities. If possession of narcotic drugs is suspected, the matter should ordinarily be reported to the competent police/NDPS authorities; investigation and determination of criminal liability are not functions of the housing society.

For serious or repeated misconduct detrimental to the society, Section 35 of the Maharashtra Co-operative Societies Act, 1960 provides an expulsion procedure, but requires due process, including an opportunity to represent the member’s case and approval of the Registrar. 

Vague facts- who found, how found? Please post the material facts.

A housing society operates as a administrative body to manage common premises and maintain peaceful living conditions, but it has defined boundaries when handling criminal matters.

Under society bye-laws (specifically bye-law provisions related to member discipline and premises usage), the managing committee can issue show-cause letters or warning notices if a member or occupant's activities create a nuisance, compromise safety, or disturb peace.

However, a society's managing committee is not an investigating or judicial authority. It cannot declare an individual guilty of a criminal offense under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985.

Possession, consumption, or sale of illegal substances is a criminal offense. The society's proper course of action is to report suspected drug activities to the local police or the Anti-Narcotics Cell. The police hold exclusive jurisdiction to investigate, conduct raids, search premises, and press charges.

For severe, persistent, or proven misconduct that brings disrepute to the society or disturbs harmony, the society can initiate expulsion under Section 35 of the MCS Act, 1960.

An expulsion resolution is not valid until it is formally approved by the Deputy Registrar of Co-operative Societies, who reviews whether due process was strictly followed.

It is better to contact, consult and engage a local prudent lawyer for proper analyses of facts, professional advise and necessary proceeding, if it is a true story.

facts are not clear.