The Assam Opium Smoking Act, 1927

261 In of 1927.] ASSAM ACT III OF 1927* THE ASSAM OPIUM S ~rOKISG ACT, 1927 Published;" the Au.", G.,,,,. of d,e 9lh " O\'.mber 1927, _ _~._ ; Au Act to provide fo r tbe prohibition of opiUll> BII1;;ki;;g- WHER.Jw! it ;, exPedient to prohibit the smoking ofopium; And whereas the previous sanction of the GO"ernor General to the Passing of this Act, as required by sub 'sectio n (3) of section 80A of the Government of India Act, has been obtained ; ' For Statement of Ob.i<c" and Re...,'" SN A"am Gaze". : Parr Y, 1 .2~. Reportof the Select Committee SN i60/ pp. 19 to 20; for proceedi"". , ... As.am Gazctte Part VI, 1927. ~? 328, 33<, 811, 99, to 99;;. ' /1 hat ".,.., eXtended to that porrion at the Rha,; IlOd J.inti. Hm. "'hich hat been declared to bea hacJo.a,d tract under ICCtion S2A of ""'=t 0 Indi. Acr., - :>Ootiticatiar " . 2897E., da ted I~th Oo-t".1928. ;" the Manual ofLocal Rules and 0 .",,1'1, Vol. II!. I SubUituted by the A. O. for "L. G". :. I""'lted by A.sam Act II of193• • It is hereby enacted as follows :_ Short title 1. (I) This Act may be called the Assam Opium Smoking and ""leot.Act, 1927. (2) It extends to the whole ofAs'am, . xcluding the temtor_ ies dedared to be " back ward t"ac ts " under section 52.<\ rof theGovernm ent of India ~t: _ _ Provided that the [ProvinciaJ Government]I ma y by notifi­ cation extend the Act to the aforesa;d territories or ar Y parts thtteofwith effect from SUch date Or date, as may be specified inthe notification.t 2. In this Ac t, unless there is anything repugnan t in the DeliaitiOl1l.~ bjec t or contex:t,_ (a) "Opium" include, [ ' prepared opium' Which means]2 chandu. mad:J!c, opium dross or the scrapings from the opium pipe and every other preparation or admixture of opium which may be used for smoking ; (0) " 'Place " includes a building, house, enclOSure, 'hop, booth, ten" vessel, raft and vehicle, and any partthe reof; (e) " Col1ector " mean, the Chief officer in charge of the revenue administration of a district, and inClUdes any officer 'Vh~m Ihe [Pr2vincial GovernnWH] I may, by notification, declare or appoint to be a Collectorfor the pur;>o,es of this A .t. 3. It shall be unlawful for any per,on to Smoke opium. Any P.n:lty for """n smoking opi um shall be PUnishable, in the case of a first ~';;':.:g \i ction, with fine which may extend to fifty rupees and, in the . ofa second or subsequent convictiun, shall be liable to imp. OWent ofeither description for a term which may extend to month, in addition to fine which may extend to fifty rupees. 4. If two or more pel'Jons smoke opium in company, each of P.n~~~~ for shall, irrespective of their common object, be pun;'hable :~n imprisonmen t of either description for a tel'll] which may COmpany. 'CD<! to one mc.'l1th or With fine which m..y extend to fifty rupee,'th both. or I"~ b­ t- '" h I· 19 1. Section :0 hal been IUbtritUted by AMaro Act II of 19M . (A-samTHE ASSAK QpW>I S>lOI<L'm ACT262 P~n.aJty for dealing in opium dress . Explanation.-A man and his wife smoking opium tog shall not be deemed to be smoking in company within the m ing of [his section . Opium unoJr:. . iog aucmbh·. 5. An assembly of two or mo re peTSQn5 15 . opium-smoking asae mbly if th e com mon object of the composing that assembly is to smoke opium or to prepare opi JOT smoking purposes. Etplanation I.-An assembly which was not an opium ing assem bly when it assembled ma y subsequently becomes an assembly Ex~lanation 2 - A man and his wife shall not be deemed to an opium-smoking assembly within the meaning of this tee: ' even if their com mon object be to smoke opium or to pr opium for smoking purposes. M~ber of 6. Whoever being aware of facti which render an aDem ~pJum-.mblok. an opium-smoking assembly inte ntionally joins that a.uembl)" fl lhg aaem y. th f ki' f . . <e purpose 0 smo ng opium, or 0 preparing opium tor I ing or continues therein for tha t purpose shall be deemed to be . member of that assembly. ~&;,on 7. The presence of any opiu m and of any pipes or apparat ~lence or for the smoking of opium or for the preparation of opium ~ opium and smoking purposes in any pla ce where two or more persons a: ?piUlD-Smok~ assembled shall be held sufficient to raise a presumption that IU ~ app....- persons have assembled at such place for the purpose of SIDon U!. opium or of preparing opium for smoking purposes. ~~Jty for 8.. \ 'Vhoev.er i~ a ~embe...· of an ?pium.smo.ki~ assembly s be~ftntl? be pu nished WIth rmpnsonmen t of either description for a t amokin~Plum which may ex tend to one month, or with fine which may ex ....mbly. to fifty rupees, or wit h both. Penalty for 9. \Vhoever opens, keeps or Uses any place or permit! ~:=. place to be opened, kep t or used for the purpose. of an opi having :'r. smoking assembly t or has the care or management of, or in a ge of place way assists in conducting the business of, any place used or k wed fo<such for the purposes aforesaid shall be punis hed with imprisonment assembly. either description for a term which may extend to sia months, or with fine which may extend to one thousand rupees, or . both. 10. (Whoever possesses or deals in prepared opium shall be punishable with im pnsonrnent which may extend to two years with fine or with both.] 1 Enhan~s n . Whoever having been previow ly convicted of an offena of punllb· under section 8, 9 or )0 is again convicted of an offence und =~QUeen- either of these sections, shall be liable to twice the punisbm.t2l. viction. which might be imposed on a fin t convic tion. Search WV" ( 12. Ifa magistrate of the fh'st clan upon information receiv rants and and after such enqu iry (if any) as he considers necessary h poweh' to reason to believe that the smoking of opium is going on Or is per. earc . mi tted in any place or that any place is used for the purposes an opium -smoking assembly. he ma y after re cording hi. reese issue a warrant to an officer of the Excise Department not below the rauk of[a Sub-Inspectorj l or of the Police Department not below the rank of a Suo-Inspector or officer in charge of a police station authorising him:- (a) to enter such place by day or nigh t wit h any penon! whose assistance such officer rnay consider necessary ; (b) to search all parts of such place in which such officer has reason to believe that any opium or any apparatus for the preparation of opium or for opium-s moking is concealed and all or any persons whom he n:ay find in such place; (c) to arrest any person found in such place who m he has reason to believe to be guilty of an offence under this Act; (d) to seize all opium and apparatus for opi um -smoking or for the preparation of opium which may be found in such place.) . . 13. The provision, or the Code of Cri minal Procedure, 1898, ;1~~C= u amended, shall apply to the execution of warrants issued and of CriininaJ searches made under section 12. Procedure, 1898 to watraDta aDd =he.. 14. Whenever any officer makes any arrest or seizure under ~:ninto~ th is Act, he shall, within forty-eight hours next after such arrest or of &rrnt or lCizure, make a full report of all particulars thereof to hi. imrned- seizwe. ia te official superior ; and every person arrested and thing seized shall be forwarded without unnecessary de lay and subject to the provisions herein contained as to bail to the officer by whom the warrant was issued, or to the nearest police station. 15. When any person arrested under his Act is prepared to!l&il ~ furni'h bail he 'hall be relea sed on bailor, at the discretion of the secunty. officer making the arrest on hi' own bond. 16. Every officer of the Police and Land Revenue Depart- Aid to Excise menu , every village headman or gaonbura and every village chau- officen. Jddar shall be bound to give reasonable aid to any Excise or Police er in carrying out the provisions of this Act upon notice given &ad request made. 17. On the conviction of any penon for an offence under this Confitcation Act the Court may order tbat any opium or a ny instrument or "ond ~,":,c­ apparatu..s in respect of, or by means of which such offence has~::d tIili:um n committed or any receptacle, package or covering in which seised, opium, instrument, or apparatus was found and any other tents of such receptacle, package or covering shall be confis- cated or destroyed. ( 18. No magistrate shall take cognizance of an offence punish- Cogniu ac: under this Act except on the complain t or report of the CoI- of offences , CICIOr or an officer of the Excise Department not below the rank [a Sub-Inspector]l or 01 the Police Department not below the of a Sub Inspector or of a mauzadar:'\ 263m oCl927.] in er er the [C tnt,,",t 'C...,.. [Ao...... r mt"'nt o h H ' the prn ·r..J.~shal: under thi A ar ed u it e ce D. con cn )Un a ir p O KI.'C A CT .." [ pr .udice [ 0 the \. - f : ur C" prit 1 11 no ~ j 1 .n ft rce, r It~ ~ may make rule d e th pav m re ?'M" re prosecuted for _. lra ~ m v. if for reason r, ten fer to nv . ccused a pard lull a.1 i t rue discl » re of all fdeb U r ,L. c. I Ii in II~ n I 111 .0\ .. Op; .. a I. 'fiI.•• q rrf • comprle' t 1 • C' mcnt) .: r rt'" ~~ I The r Pr I I I (, iJI t C' OJ t 01 I .\ct In "",rtic ular .-oJ wi t • the for oin . po. r ch ru II rc:::'l.i, ~ = d, J' Ar t nd ...~r wf IIor I Cttt.lial I ~. ...,,.. ( m [ • . 0< a C. .I. d r rs n. t T rod<T ar pardca to ~rto .....keru /