The Assam Ganja and Bhang Prohibition Act, 1953

The 30th May 1959 No.LJ L.42/57.—Th e following Act of the Assam Legisla tive Assembly which received the assent of the Governor is hereby publ ished for gen era l info rma tion . (R eceiv ed the as se nt o f the Go vernor on th e 29th M ay 1959) ASSAM ACT No.XXI OF 1959 TH E ASSAM GANJA AND BHANG PR OHIB IT IO N AC T, 1953 (Passed by the Assembly) [Pub lished in the Assam Gazette, Ex traord ina ry, dated the 1st Ju ne 1959] .4,1 ActAct . r / - r f J to prohibit cultivation, collection, possession, consumption manufacture affd sale of / / Ganja in and of smuggling thereof into, the State o f Assam ; to restrict cultivation, collection, possession, consumption manufacture afd sale o f £ / Bhang with a view to effect its ultimate prohibition in the State o f Assam. Preamb le. -—Whereas i t is expedie nt to pro hib it cul tivation, collec­ tion, possession, consumption , ma nufac ture and sale of Ganja in, and of 2 smuggling ther eof into , the S tate of Assam and to res tric t cult iva tion , collec ­ tion, possession, c ons umptio n, ma nufac ture and sale of Bha ng with a view to effect its ult im ate p roh ibi tion in the Sta te of Assam. It is hereby enacted in the Ninth y ear of the Republic of In di a as foll ows:— 1. Short t it le , ex ten t an d co m m en ce m en t,— (1) This Act may be called the Assam Ganja and Bhang Prohibi tion Act, 1958. (2) It extends to such ar ea or areas as may be notified in the official gaze tte , by the Sta te Gov ernment from time to time. (3) It shall come into force in the notified area or areas on such da te as the S tate Government m ay, by not ifica tion in the official gaz ette , ap po int . Prov ided th at the State Government may , by notification in the official gazet te, res tric t the operation of this Act or of any provision the reo f in any notified are a. 2. Def in iti on s.—In this Act unless the re is a nything repu gn an t in the subject or con tex t. (1) ‘bu y” , with all its gramm atic al var iations m eans rece ipt for price paid in cash or kin d, and includes any rece ipt by gift, loan or othe rwise. (2) “ Com missioner” means the Excise Commissioner or any other person duly empowered by the Sta te Government to exercise some or all th e powers of the Excise Commissioner. (3) “ Ga nja ” means dried flowers, flowering or f ruit ing tops of the India n H eap ^ la nt (Cannabis Sativa L) . (4) “B hang ” m eans leaves of the India n Hem p plan t (Cannabis Sa ti­ va L) incl uding such form know n as Siddhi. (5) “ Im po rt” me»p,» to bring into any notified are a otherwise than across a customs front it r defined by the Central Gover nment . (6) “ Manufacture 1 cleans every process , wh eth er na tura l or art ifici al, by which any g anja is prod uced or pre pared . (7) “ Notified are a” means an area notified un de r sub-section (2) of Sect ion 1 of this Act. (8) “ Pre scr ibed” mea ns pres cribed by rules ma de under this Act. (9) “Sell” , with all its gra mm atical var iati ons , means any transfer inc lud ing tran sfer by a gift or a loan or otherwise. (10) “ Tr an spor t” means to move from one pa rt to anoth er of any notified are a or from a ny notified are a to anoth er notified area. •s 3. Pro hi bi tio n. —No person shall— (a) Cu ltiv ate , collec t or sell the Indian Hem p plan t (Cann abi s Sat iva L) ; or (b) Collect gan ja a/fcl bh ang f rom the In dian Hemp plan t (Cannabis Sativa L) ; or (c) Im po rt, transport, manufac ture, sell and buy ganja ap4 bha ng ; or (</) Possess or consum e gan ja apfcl bhang , or (r) Use or keep a ny imp lem ent or apparatus for the m anufacture or consumption of ganja apd bhang. 4. P unis hm en t fo r co ntr ave ntion .— Whoever contravenes the provi- nons of Section 3 shall be pun ishe d with imp risonment of either desc ription for a term which may extend to two years and also with fine which may extend to one thou sand rupee s. 5. P u n is h m en t fo r al lo w in g p rem is es to he u se d fo r th e co m ­ m is s io n o f an o ff en ce .—Whoev er, bein g the owner or occupier or having the use o f any house, room , enclosure, spa ce, vessel, vehicles or plac e, knowingly permits it to be used for the commission , by any othe r person, of an offence pun ishable under this Act or the rules ma de the reu nder, shall be pun ishe d with imprison ment of either descrip tion for a term which may extend to six m onths or with fine which may extend to five hundred rupees or with both. 6. E nh an ce d p unis hm en t.— Whenever any person, hav ing been con­ vic ted of an offence unde r clause («) or clause (b) or clause (c) of section 3 is aga in conv icted of an offence under any of the aforesaid clauses, the imp riso nment w ith which he shall be pun ishe d shall be rigorous imp riso nment for a term which may extend to four years. 7. Sec uri ty fo r abst a in in g fr om com m is si on o f off en ce s. — (1) Whe neve r any person is convict ed of an offence punishable under section 3 or under section 4, and the Court conv ictin g him is of opinion th at it is necessary to requir e such person to execu te a bond for absta ining from the commission of such offence, the Co ur t, may, at the time o f passing sentence on such pers on, ord er him tc execute a bond for a sum proport ion ate to his means, with or without sure­ ties, for a bstain ing from the commission of such offence during such perio d, no t exceeding three years, as i t thinks fit to fix. (2) Th e bond shall be in the prescribed form and the provis ion of the Code of C rim ina l Procedure , 1898 (Act V of 1898), shall , in so far as they ar e app lica ble , app ly to all ma tte rs connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of th at Code . (3) I f the conv iction is set aside on appeal or otherwise, the bond executed sha ll become void. 4 (4) Any ord er under this section may also be made by an Appella te Co ur t, or by the Hig h Co ur t when exercising its powers of revision . 8. A tt em p ts .— Who ever att em pts to com mit an offence pun isha ble under section 4, or to cause such an offence to be com mit ted , and in such att em pt does any ac t towards the commission of the offence o r towards the caus ing of i ts commission, shall be punished with the pun ishm ent provided for the offence. 9. A bet m en ts .— Whoever abe ts an offence punishable unde r section 4 or section 5 shall , wheth er such offence be or be not com mit ted in conse­ quence o f such abetm ent, be pun ishe d with the pun ishment p rov ided for the offence. 10. Pow er to is su e w a rra n ts .— (1) A D istr ict Magist rate or a Sub- divis ional Magis trat e or a Magis trat e of the first class, or an officer o f the Excise De partm ent not below the r an k of a Superin ten dent specially empo­ wered by the Sta te Governme nt on this beha lf, may issue a wa rra nt for the arrest o f any persons whom he has reason to believe to have com mit ted an offence p unishable unde r this Act o r the rules thereu nder, o r for the search, wh eth er by day or by nigh t, of a ny bui ldin g, vessels or place in which he has reason to believe any ganja , bhang, ma ter ial , utensil, imp lement or ap pa ratus , in respect of which an offence pun ishable un de r this Act has been com mit ted, is kep t or concealed. (2) Th e officer to whom a search wa rra nt under sub-section (1) is ddressed shall have all the powers of an officer u nder section 11. P ow er o f en tr y , se ar ch an d se iz ure s, et c. —(l)^1 Iftiyi Officer^ a n fl P o l i c e r h e r a nk o fT n sp a Officer of eGtOrfanyany Office r o f the Depart me nt of R evenue not below the rank of the Sub -De puty Col lector, and any person authorised in t his behalf by the Sta te Go ver n­ me nt who has reason to believe f rom personal knowledge or from inform a­ tion received from any person and taken down in wri ting and attested by the inform ant , th at any ganja , bh an g, ma ter ial , utensi l, imple me nt or apparat us in respect of which an offence pun isha ble unde r this Act or the rules mad e the reu nder has been com mit ted is kept or concealed in any bui ldin g, vessel, or enclosed place , ma y betw een sunrise and sunset,—■ (а) en ter into any such building , vessel or place ; (б) in case of resistance, break ope n any door and remove any other obstacle to such ent ry ; (c) seize such gan ja, bhang , ma ter ial , utens il, imp lem ent or ap pa ­ ratus , and any docume nt or othe r article which may furn ish evidence of the commission of the offence ; (d) de tain, search and arrest any person whom he has reason to believe to hav e com mit ted an offence aga inst this Act relatin g to such ganja , bha ng, m ateria l, utensil, implement or apparat us ; Pro vided that if such Officer has reason to believe th at a search wa rra nt cannot be obt ained with out afford ing opp ortunity for the concealm ent of evidence o r facil ity for the escape of an offender , he may , afte r reco rding the ground of his belief, ente r an d search such bui ldin g, vessel or enclosed pla ce a t any time betw een sunset and sunrise. (U-t- zvn <2 5 (2) Where an officer takes down any information in wri ting u nde r sub­ section (1), or records grounds for his belief under the proviso thereto , he shall for thw ith send a copy the reo f to his imm edia te official supe rior. 12 P ow er o f se iz ure an d arrest in pub lic p la ces .—Any officer of any o f the Depar tment refe rred to ia section 11 may within the prohib ited are a notified unde r this Act . - (a) seize, in any publ ic place o r in transit, any ganja , bhang , materi al, uten sil, imp lement o r apparatus in respect of which he has reason to believe an offence punishable under this Act or the rules mad e the reu nder has been commit ted , and, along with it, any doc ument o r other arti cle which may furnish evidence of the commission of the offence, and (b) de ta in , search and arrest any person whom he has reason to believe to have committ ed an offence aga ins t this Act rela ting to such ganja , bha ng, ma teri al, utensi l, implement or ap pa ­ ratus. 13. M od e o f ex ec ut in g w arr ants , e tc .—Th e provis ions of the Code of Crimina l Procedu re, 1898 (Act V of 1898), shall , in so far as they are app lica ble , app ly to the execution of warrants and mak ing of searches, arrest s, and seizure under this Act. 14. R ep or t o f arrest an d se iz u re .— Any Officer making an a rres t or seizu re under this Act shall, within twen ty-fo ur hours of such seizure and arre st, make a full rep or t of all the par ticula rs of such arrest o r seizure to his imm ediate official supe rior. 15. Pro duct io n o f per so ns arr es te d .—Every person arre sted und er any of the provisions of this Act shall be produc ed before the nea rest Ma gis tra te, within twenty-four hours of such arre st, exclu ding the time necessary for the jou rne y from the place of arre st to the Cou rt of the Magis trat e. 16. Pow er to i n vest Exc ise O ff ic er s.—The State Gov ernment may invest any Officer of the Excise Depar tment , not below the rank of Inspecto r with the powers of an Officer-in -charge of a Police Sta tion for the investiga­ tion of offences under this Act. 17. Juri sd ic ti on to tr y of fe nce s. —Th e provis ions of the Code of Crimina l Proc edure, 1898 (Act V of 1898), shall app ly to the tria l of offences aga inst this Act or the rules mad e ther eun der . 18. P ro h ib it io n C om m it te es. — (I) The Commissioner, may by notifi­ cat ion in Official Gazet te, constitu te for any are a or any pa rt the reo f a “ Prohib ition Com mit tee” consis ting in such propor tion as the Commissioner ma y deem fit of two or more official and non-offic ial residents of such a rea or pa rt thereof. He may also, by like notification dissolve o r reco nsti tute any such commit tee. (2) Th e duties to be performed by a Prohib ition Com mitt ee and its relation to oth er such Comm ittees and to the Commissioner shall be such as may be prescribed. 6 (3) The mem bers of th e Pro hib ition Comm ittee shall be des igna ted Prohibi tion Officers. 19. P u nis h m en t fo r ve xa tiou s en tr y, e tc .—Any person acting under the powers given by sestion 11 or section 12 who— (а) withou t reason able grounds of suspicion, ente rs or searches or causes to be ente red or searched any building , vessels or place ; or (б) vexaiicusly and unnecessa rily seizes the pro per ty of any person on the pret ence of seizing or searching for any gan ja and bhang or seizing any document or othe r art icle liable to seizure under section 11 or 12 ; or (c) vexa tiously an d unnecessarily detains, searches or arrests any person or fails to p roduce, with in the tim e specified in section 15, the person arre sted or the a rtic le seized before the proper au tho rity, shall be pun ishe d with imp riso nment of eithe r des­ crip tion for a t erm wh ich may extend to one year o r with fine which m ay extend to one thou sand rupees o r with both. 20. In dem nity,— No action shall lie aga ins t any officer for damages in any Civi l Court for any ac t done bonaf ide or ordered to be don e in pur su­ ance o f this Act or the rules the reu nder 21. P erm it s. —Notwithstand ing a nything con tained in this Act, the State Gov ernment may pres crib e the cond ition s und er which permits may be issued for :— (а) cul tiva tion , collection or sale of th e Indian H emp pla nt (C an na ­ bis Sativa L) ; (б) import, transport, ma nufac tur e, sale, possession o r use of bhang, and (c) use o r keeping of any implement or a pp aratu s for the manufac­ ture of Bhang for social, religious, medic ina l and scientific purposes . 22. R ep ea l (A ct I o f 1910).—Th e provisions relating to gan ja and bhang in the Assam Excise Act, 1910, shall stan d repealed in respect of the area or areas in which this Act may be enforced, 23. Pow er t o m ak e ru le s. — (1) T he State Governme nt may, subject to the cond ition of previous publi ca tion, make rules for carrying out the purposes o f this Act. (2) In p ar tic ular and w ithout pre judice to the gene ral ity of the fore­ going power such rules may prescribe— («) the duties to be performed by a Pro hib ition Comm ittee and its relation to the Comm issioner and oth er Committe es ; (b) any other ma tte r as may , or requ ires to be prescribed. (3) In making rules under this section, the Sta te Gov ernment may attach a penalty for the breac h of any partic ula r rule . B. C. BARUA, Secy, to the Govt, of Assam, Law De ptt .