The Assam Ganja and Bhang Prohibition Act, 1953

Th e 30th May 1959
No.LJ L.42/57.— Th e following Act of the  Assam Legislative Assembly 
which received the assent of the Governor is hereby published for gen eral 
info rma tion .
(R ec eiv ed  the  as se nt  o f th e Go ver nor  on  th e 29th  M ay 1959) 
ASSA M ACT No.XXI  OF 1959
TH E ASSAM GANJA  AND  BHANG PR O H IB IT IO N  AC T, 1953 
(Passed by the Assembly)
[Published in the  Assam Gazette, Ex traord ina ry, dated the 1st Ju ne  1959]
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ActAct . r  /  - r f J
to proh ibit cultivation, colle ction , posse ssion, consu mp tion manufacture affd  sale of /  /
Gan ja in and of  smuggling  thereof into, the State of Assam ;
to restrict cultivation , colle ction, posse ssion, consu mp tion manufacture afd  sa le o f £ /
Bhang with a view to effect its ultimate prohibition in the State o f Assam.
Pr eamb le.-—Whereas i t is exp edie nt to pro hib it cultivation, collec­
tion, possession, cons umption, ma nufac tur e and sale of Ga nja  in, and  of
 
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smuggling  ther eof  into , the  S tate of Assam and  to res tric t cult ivation , collec­
tion, possession, c ons umptio n, ma nufac tur e and sale of Bha ng wit h a view 
to effect its ult im ate  p roh ibition in the  Sta te of  Assam.
It  is hereby ena cted in the  Ninth  y ear of the  Re public of In di a as 
foll ows:—
1. Short  t it le , exten t an d co m m en ce m en t,— (1) This Act may be 
called the  Assam Ga nja  and  Bhan g Prohibition Act, 1958.
(2) It  extends to such ar ea or areas as may be notified in the official 
gazette , by the Sta te Gov ern ment from time  to time.
(3) It  shall come int o force in the notified area or areas on such da te 
as the  S tate Gover nment m ay, by notifica tion in the  official gaz ette , 
ap po int .
Prov ided th at  the  State  Gover nment may , by notification in the 
official gazet te, res tric t the operati on 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  subje ct or con text.
(1) ‘bu y” , wit h all its gra mm atic al variations m eans rece ipt for price 
pai d in cash or kin d, and includes any  receipt by gift, loan or otherwis e.
(2) “ Com missioner” mea ns th e Excise Commissioner or any other 
pers on duly empowered by the  Sta te Gover nment to exercise some or all 
th e powers of the  Excise Comm issioner.
(3) “ Ga nja ” means dried flowers, flowering or f ruiting tops of the India n 
H eap  ^ la nt  (Cannabis Sativa L).
(4) “B hang ”  m eans leaves of the India n Hem p plant (Cannabis Sati­
va L) incl uding such form know n as Sidd hi.
(5) “ Im po rt”  me»p,» to bring into  any notified are a otherwise than  
across a custom s front it r defined by the  Ce ntr al Gover nm ent .
(6) “ Manufacture 1 cleans every process, wh eth er na tural or artificial, 
by  which any g anja is prod uced or pre pared .
(7) “ Notified are a”  means an area notified un de r sub-se ction (2) of 
Section 1  of this Act.
(8) “ Pre scr ibe d” mea ns pres crib ed by rules  ma de und er 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 sp ort” 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.
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3. Pro hi bi tio n. —No person shall—
(a) Cu ltiv ate , collect or sell the Indian  Hem p plan t (Cann abi s Sativa
L) ; or
(b) Collect gan ja a/f cl bh ang  f rom  the  In dian  Hemp plant (Cannabis
Sativa L) ; or
(c) Im po rt,  transpo rt, manufac ture, sell and buy ganja  ap4 bha ng ;
or
(< /) Possess or consum e gan ja ap fc l bhang , or
(r) Use or keep a ny  imp lem ent or apparatus for the  m anufacture or 
consum ption of ganja  apd  bhang.
4. P u nis h m en t fo r co ntr ave ntion .— Whoe ver contravenes  the  provi- 
nons of Se ction 3 shall be punishe d wit h imp risonment of either description 
for a ter m whi ch may  exte nd to two years and also with  fine which may 
exten d 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 sio n  o f  an o ff en ce .—Whoev er, bein g the  owner or occu pier 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 perso n, of 
an offence pun ishable under this Act or the  rules ma de the reu nder, shall be 
punishe d with imprison ment of either descrip tion  for a term  which may  
exten d to six m onths or wit h fine which  may extend to five hundr ed rupe es 
or wit h both.
6. E nh an ce d p unis hm en t. — Whenever any person, hav ing b een con­
victed of an offence un de r clause («) or clause  (b) or  clause (c ) 
of  section 3 is aga in conv icted  of an  offence under any  of the afores aid 
clauses, the imp riso nment w ith whic h he shall be punishe d shall be rigorous 
imp riso nment for a term which may extend to four years.
7. S ec u ri ty  fo r ab st ain in g fr om  co m m is si o n  o f off en ce s. —
(1) Whe neve r any pers on is con vict ed of an offence punisha ble under 
sectio n 3 or under sectio n 4, and the Co urt  conv ictin g him  is
of opinion th at  it is necessary to req uir e such pers on to
execu te a bon d 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  bon d for a sum proport ion ate  to his means, wit h or with out 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 bon d shall be in the pres cribed form and the  provision of  the 
Code of C rim ina l Proced ure , 1898 (Act V of 1898), shall, in so far as they 
ar e app lica ble , app ly to all matters conn ected  with such bon d as if it were  
a bond to keep the peace  order ed to be executed und er sectio n 106 of th at  
Code .
(3) If the  conviction is set aside on appeal or otherwise, the  bond 
executed  shall become void.

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(4) Any ord er under this section may  also be made by an Appellate 
Co urt, or by the Hig h Co urt whe n 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 sectio n 4, or to cause such an offence to be com mit ted, and  in such 
att em pt does any ac t towa rds the  commission of the offence o r towards the 
causing of its commission, shall be punis hed  with  the pun ishm ent provide d 
for the offence.
9. A bet m en ts .—Whoe ver abets an offence punisha ble un de r section 4 
or section 5 shall, wheth er such offence be or be not com mitted in conse­
quence o f such abetm ent, be pun ishe d with  the  pun ishment p rov ide d for 
the offence.
10. Pow er  to  is su e w a rra n ts .— (1) A D istrict Magistrate  or a Sub- 
divisional Magistrat e or a Magistrat 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
were d by the Sta te Governme nt on this beha lf, may issue a wa rra nt for the 
arrest  o f an y persons whom he has reason to believ e to have com mit ted an 
offence p unish able un de 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 reas on to believe any ganja , bhang, ma terial, utensil, imp lement or 
ap pa ratus , in resp ect 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 sectio n 11.
P ow er  o f en tr y, se ar ch  an d se iz u re 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 eve nue not below the  ran k of the Sub -De puty 
Collector, and  any person aut horised in t his behalf by the  Sta te Go ver n­
me nt who h as reaso n to believe from perso nal knowledge or from inform a­
tion  receiv ed from  any person and taken down in writing  and attested by 
the  inform ant, th at  any ganja , bh an g, ma terial, utensil, imple me nt 
or apparat us in resp ect of  which an  offence pun isha ble un de r this 
Act or the  rules  mad e the reu nd er has been com mit ted is 
kept or concealed in any buildin g, vessel, or enclosed place , ma y betw een 
sunrise and  sunset,—■
(а) enter  into any  such building , vessel or place ;
(б) in case of  resistance, break ope n any door and remove any oth er 
obstacle  to such entry ;
(c) seize such gan ja, bhang , ma terial, utensil, imp lem ent or ap pa ­
rat us, and any docume nt or othe r article which  may  furn ish 
evidence of the commission of the  offence ;
(d) detain, search and  arrest any person whom  he has reas on to 
believe to hav e com mit ted an offence aga inst  this Act relatin g 
to such ganja , bha ng, m aterial, utensil, impleme nt or apparat us ;
Pro vided th at if such Officer has reason to believ e th at  a  search wa rra nt 
ca nn ot be obt ain ed with out affording opp ortunity for the c oncealm ent of 
evidence  o r facility for the escape of an offender, he may , afte r reco rding 
th e ground  of his belief, ente r an d search such buildin g, vessel or enclosed 
pla ce at any time betw een sunset and sunrise.
(U-t- zvn < 2

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(2) Where an officer takes down any information in writing  u nde r sub­
section (1), or records grounds for his b elief  under the proviso thereto , he 
shall for thw ith  send a copy thereo f to his imm edia te official supe rior.
12 P ow er  o f se iz u re  an d arrest  in  pub lic  p la c es.— Any officer of 
any  o f the De par tment  refe rred  to ia section 11  may within the prohibited  
are a notified unde r this Act. -
(a) seize, in any public 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  c ommit ted, and, alon g with 
it, any doc um ent  or oth er article which may  furnish evidence 
of the commission of the  offence, and
(b) de tain, search and arrest  any perso n whom he has reason to
believe to have committed an offence aga ins t this Act rela ting  
to such ganja , bha ng, ma teri al, utensil, implement or ap pa ­
ratus.
13. M od e o f ex ec ut in g w arr an ts , etc .— Th e provisions of the Code 
of Criminal 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, 
arrests, and seizure under  this Act.
14. R ep or t o f  arrest  an d se iz u re.— Any Officer making an arrest or 
seizu re under this Act shall, within twen ty-fo ur hours of  such seizure and  
arre st, make a full rep ort of  all the particula rs of such arrest or seizure to his 
imm ediate official supe rior.
15. Pro duct io n o f per so ns arr es te d.— Every pers on arre sted und er 
any of the  provisions of this Act shall be pro duc ed before the nea rest 
Ma gis trate, wit hin 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 
Magistrat e.
16. P ow er  to  i n vest  Exc ise O ff ic er s. — Th e State  Gov ern ment may  
invest any Officer of the Excise Depar tment , not below the  rank of Insp ecto r 
with the powers of an Officer-in-charge of a Police Station  for the  investiga­
tion  of offences under this Act.
17. Ju ri sd ic ti on  to  tr y of fe nce s. — Th e provisions of the Code of 
Criminal Proc edure, 1898 (Act V of 1898), shall app ly to the tria l of offences 
against 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) Th e Commissioner, may by notifi­
cation  in Official Gazette, constitu te for any are a or any  pa rt the reo f a 
“ Pro hibitio n Com mit tee”  consisting in such proportion  as the Commissioner 
ma y deem  fit of two or more official and  non-official resid ents of such a rea 
or pa rt there of. He may also, by like notification dissolve o r reco nstitute 
any such com mittee.
(2) Th e duties to be performe d by a Prohibitio n Com mittee and its 
relation to oth er such Comm ittees and  to the  Commissioner shall be such as 
may be pres crib ed.

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(3) Th e mem bers of th e Pro hibitio n Comm itte e shall be designa ted 
Prohibition Officers.
19. P u n is h m en t fo r ve xa tiou s en tr y,  e tc .—Any person acting und er 
the powers given by sestion 11 or sectio n 12  who—
(а) wit hou t reason able grou nds of suspicion, enters or searc hes or
causes to be ente red or searched any building, vessels or 
place ; or
(б) vexaiicusly  and  unnecessarily seizes the pro per ty of any person
on the pret ence of seizing or sear chin g for any gan ja and 
bhang or seizing any doc ument or othe r article  liable to 
seizure under  section 11 or 12 ; or
(c) vexa tiously an d unnecessarily detains, searches or arrests any 
person  or fails to produce, with in the tim e specified in section 
15, the person arre sted  or the a rticle seized before the proper 
autho rity, shall be pun ishe d with  imp riso nment of eithe r des­
crip tion  for a term  wh ich may extend to one year  o r with fine 
whic h m ay extend to one thou sand rupees o r wit h both.
20. In dem nit y,— No acti on shall lie aga inst any officer for damages in 
any Civil Co urt  for any ac t done  bonafide 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. —Not wit hstand ing a nything con tained  in this Act, the 
State  Gov ern ment may  pres crib e the cond ition s und er whic h permits may 
be issued for :—
(а) cul tiva tion , collection or sale of th e Indian  H em p pla nt (C an na ­
bis Sativa L) ;
(б) im port, transport, ma nufac tur e, sale, possession o r use of bhang,
and
(c) use o r keeping of any imple me nt or a pp aratu s for the manuf ac­
tur e of Bhang for social, religious, medicinal and  scientific 
purp oses.
22. R ep ea l (A ct  I o f 1910).— Th e provisio ns relating to gan ja and 
bhang  in the  Assam Excise Act, 1910, shall stan d rep ealed 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  c ond itio n of previous publication, make rules  for carr ying  out the 
purp oses o f this Act.
(2) In  p artic ular and w ithout prejudice to the  gene rality of the  fore­
going  powe r such rules may prescribe—
(«) the duties to be performed by a Pro hibitio n Comm ittee  and  its 
relation to the Comm issioner and oth er Com mitte es ;
(b) any other ma tter as may , or requ ires to be pres crib ed.
(3) In  making rules under this sectio n, the  Sta te Gov ern ment may  
attach  a pen alty  for the breac h of any partic ula r rule.
B. C. BARU A,
Secy, to the Govt, of Assam, Law De ptt .

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