The Assam Opium Smoking Act, 1927

261
In of 1927.]
ASSAM ACT III OF 1927*
THE ASSAM OPIUM S ~ r OK I SG ACT, 1927
Published;" the Au.",G.,,,,.of d,e 9lh " O\'.mber 1927, _ _~._ ;
Au Act to provide fo r tbe prohib ition of opiUll> BII1;;ki;;g-
WHER.Jw! it ;, exPedient to prohibit the smoking of opium;
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 StatementofOb.i<c"and Re...,'" SN A"am Gaze". : Parr Y, 1 .2~.
Reportof theSelect Committee SN i60/ pp. 19 to 20; for proceed i"".
, ... As.am GazcttePart 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 Manua l ofLocal Rules and 0 .",,1'1, Vol. II!.I SubUitut ed by the A. O. for "L. G".
:. I""'lted by A.sam Act II of 193• •
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 of As'am, . xcluding the temtor_
ies dedared to be " back ward t"acts " under section 52.<\ rof theGovernm ent of India ~t: _ _
Provided that the [Provin ciaJ Government ]I ma y by notifi­
cation extend the Act to th e aforesa;d territories or ar Y parts
thtteofwith effect from SUch date Or date, as may be specified inthe notificatio n. t
2. In this Act, unless there is anything repugnan t in the DeliaitiOl1l.~ bjec t or con tex:t,_
(a) "Opium" include , [' prep ared opium' Which m eans]2
chandu. mad:J!c, opium dross or the scrapings from the
opium pipe and every other prep aration or admixture
of opium which may be used for smoking ;
(0) " 'Pl ace " includes a building, house, enclOSure, 'hop ,
booth, ten" vessel, raft and vehicle, and any par tthe reof;
(e) " Col1ector " mean, the Chief officer in charge of the
revenue administrat ion of a dis trict, and inC lU des
any officer 'Vh~m Ihe [Pr2vincial GovernnW H]I may,
by notification, declare or appoint to be a Collect orfor the pur;>o,es of this A .t.
3. It shall be unlawful for a ny 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 .
of a second or subsequent convictiun, shall be liable to imp.
OWent of either description for a term which m ay extend to
month, in addition to fine which m ay extend to fifty rupees .
4. If two or more pel'Jons smoke opium in company, each o f P.n~~~~ for
shall, irrespective of their common object, be pun;'hable :~n
impriso nmen t of either description for a tel'll] which may COmpany.'CD<! to one mc.'l1thor With fine whic h m..y extend to fifty rupee,'th both.
or
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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 smoki ng in company within the m
ing o f [his sec tion.
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
composin g that assembly is to smoke opium or to prepare opi
JOT smoking purposes.
Etplanation I.-A n assembly which was not an opium
ing assem bly when it assembled ma y subsequently becomes
an assemb ly
Ex~lanation 2 - A man and his wife shall not be deemed to
an o pium-smoking assembly within the m eaning of this tee: '
even if their com mon object be to smoke opium or to pr
opium for smoking purposes.
M~ber of 6. Whoev er 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 t ha t purpose shall be deemed to be
. member of that assemb ly.
~&;,on 7. The presence of any opiu m a nd o f 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 su fficient to raise a presumption that IU
~ app.... - person s have as semb led at such pla ce for the purpose of SIDon
U!. opium or o f preparing opium for smoking purposes.
~~Jty for 8.. \'Vhoev .eri~ a ~em be...· of an ?pium.smo.ki~ assembly s
be~ftntl? be pu nished WIth rmpnsonm en t of eith er description for a t
amokin~Plum which may ex tend to one month, or with fine which may ex
.... mbly. to fifty rupees , or w it h b oth .
Penal ty for 9. \V hoeveropens, keeps or Uses any place or permit!
~:=. place to be opene d, k ep t or u sed 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 aforesa id sha ll be punis hed with imprisonmen t
assembly. either description for a term which may extend to sia months, or
with fine w hich may extend to one thousand rupees, or .
both.
10. (Whoever posses ses or deals in pre pared opium shall be
punishable with im pnso nrn ent 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 punisb m.t2l.
viction. which might be imposed on a fin t convic tion.
Sear ch WV" ( 12. If a magistrate of the fh'st clan upon information recei v
rants and and after such enqu iry (if any ) as h e considers necessary h
poweh' to rea son to believe that the smoki ng of opium is going on Or is per.
earc . mitted in a ny place or that any place is used for the purposes
an opium -smoking assembly. he ma y after re cord ing hi. reese
issue a warrant to an officer of the Excise Department not below
the rauk of[a Sub-Inspectorj l o r of the Police Dep artment 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 n igh 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 o r 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 offe nce und er this
Act;
(d) to seize all opium and apparatus for opi um -smoki ng
or for the preparation of opiu m whic h may be foun d
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
watra Dta aDd
=he..
14. Whenever any officer makes any arrest or seizure under ~:nint o~
this 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.
iate official superior ; and every person arrested and thi ng seized
shall be forwarded without unnecessary de lay and subjec t to the
provisions herein contained as to bail to the office r by whom the
warrant was issued, or to the nearest police station.
15. When any person arrested under his Ac t 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 Confitca tion
Act the Court may order tbat any opium or a ny instrument or "ond ~,":,c­
apparatu..sin respect of, or by means of which such off ence has~::d tIili:um
n committed or any receptacle, package or covering in which seised,
opium, instrument, or apparatus was found and an y other
tents of such receptacle, package or covering shall be confis-
cated or destroyed.
( 18. No magistrate shall take cognizance of an offence pun ish- 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 belo w the rank
[a Sub-Inspector]l or 01 the Police Department not below the
of a Sub Inspector or of a mauzadar :'\
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