THE ASSAM OPIUM PROHIBITION (SECOND AMENDMENT) ACT, 1948

Preamble. ASSAM ACT I OF 1949 THE ASSAM OPIUM PROHIBITION (SECOND AMENDMENT) ACT, 1948 (Passed by the Assembly) [Received the assent of the Governor on the 11th January 1949] [Published in the Assam Gazette of the 19th January 1949) An. Act tojut·ther amend the Assam Opium Prohibition Act, 1947 WHEREAS it is expedient to amend -further the Assam Assam Opium Prohibition Act, 1947, for purposes hereinafter f9~J~ 1 appearing; It is hereby enacted as follows:- Short liue. 1. This Act may be called the Assam Opium Prohibi· Commence­ ment. Extent. tion (Second Amendment) Act, 1948. 2. It shall come into force at once. 3. It shall have the like extent as the Assam Opium Assam Prohibition Act; 1947, hereinafter referred to as the "Princi- ~~~II pal Act." · Ameudmeul 4. In section 5 of the Principal Act, after clause (d) ( ii), of section 5 the following proviso shall be inserted :- of Assam Act XXIII of 1947. "Provided that an accused, who is found on evidence to be a smuggler of opium or a seller of opium, shall not receive a sentence of less than two years' rigorous imprison· · ment and fine." A111endment 5. In section 7 of the Principal Act, of section 7 ef Assam ( ') f' h d ,, h d d fi ' Act XXIII z a ter t e wor s "ten years , t e wor s "an ne' , of1947. shall be added, and (ii) the following proviso shall be inserted thereafter :-- "Pro~ided that an accused who is found on evidence to be a smuggler of opium or a seller of opium shall not . receive a sentence of less than three years' rigorous imprison­ ment and fine." Amendment 6. After section 10 of the Principal Act, the following of section 10 shall be added as a new paragraph:- of Assam "Wh k . h . b l' h Act XXIII oever, nowmg or avmg reason to e 1eve- t at of 1947. an offence has been committed under this Act, causes any' evidence of the commission of that offence to disappear or gives any information respecting the offence with the inten· tion of screening the offender from punishment under the Act, or with that intention gives any information respecting the offence which he knows or believes to be false, shall be punished with the punishment provided for the offence." [ Price 1 anna or 1 d. ] • Act of Act of ~----------------------------------------~----------------------~~- 2 Amendment 7. In section 16 of the Principal Act, the "comma" o~ section 16 afte.r the words "smuggler of opium" shall be deleted and ~ct ~in the words "or a seller or stockist of opium" shall be inserted of 1947 • thereafter. Insertion of 8. After section 38 of the Principal Act, the following new sec- new section shall be inserted :- tion 39 to Assam Act XXIII of 1947. "39. Notwithstanding the provisions of section 497 of the Code of Criminal Procedure, 1898, no person tac:a V accused of a non-bailable offence under this Act, shall be · released on bail by any Court without hearing the pro­ secution of which due notice shall be given : provi- ded that all orders shall give reasons for which bail is given." A. G. P. (Leg.) No.3f49-500+S00-12-5-1949 of