The Opium (Manipur Amendment) Act, 1976

 
THEOPIUM (MANIPUR Ammm'r)@3171976. '
(As pSSSed by the Legislative Assembly, Manipfir on 8—9-76)
.. f A“
- mm» _
10 amend the 0pm? Act, 1878 (I of I878) . 4
BE 13 enaétcd by the Législziture'of Manipur inthe Twenty—chenth
Years of the Republic of India as follows’:—" ”
1. (1) This Act niay be called the Opium (Mahipur Amendment) $3,336,
Act, 1976. ._ y ' ~ ment.‘
(2) It shall come into force at once.
2. Section 20 of the Opium Act,1878 (1 of 1878), shall be Amenémcntof section
{ substituted in its application in the State of Manipur by the following 20,
sections:— V , i
20. (1) The State Government may, by notification ‘S‘Power of
in the Ofiicial Gaiette, authorise any officer of the Excise $232,330
and Police Department to investigate ofi‘ences and to grant glgggrrsisfo
bail to' persons arrested under this Act. investigate
' - offences and
grant bail.
(2) The State G'oxcrnment may, from time to time ‘
determme the form of tail bond to be used '
{Personsar- ‘
20A. (1) When any person is arrested or any opium rested on”
or thing is seized under the provisions of this Act, the ticks seized,
person making the arrest or seizure shall if he 1s an officer 323335;?
of the Exelse or Police Department, forthwith forward the
pump arrested or the thing Seized‘20 the nearest pthcer
of his department empoweredunder Sectiofi 20 unless he
is himself so ”empowered .,
('2) When such arrest or seizure is made byany officer
referred to in Section' 14 or Section 15 other than an officer
of withc Excise or Police Department, he shall forthw1th
yforward the person arrestedor the thing seized to the nearest
.1 oflicer: of the Excise; or Police Department empowered under
:Section 20 and having jurisdiction in the case.
Power of in-
Ves'ti-gating
oficer’ to‘
summon
vvitné§ses or
examine
them other-
wise.
(3) When any person is brought in custody before
the oflicer empowered under Section 20, 01' when such oflicer
has himself arrested or procured the appearance by summons
under Section, ZQ-D of any. pexson,he_sha11makq such. :
investigation as seems to him hecessary, and shall either - ’
release such persOn or admit him to bail to appear, 6%
if bailis not given, produce him or cause the oflicer-in-charge
of the nearest police station to produce him before a Magistrate
having jurisdiction in the case : v 1!
Provided that if the investigation is. net 90E¥Pt§$§51 1,
Within twentyfour hours of the arrest, the said pficedr shqll
take bail with or without security from the person ariested'
to appear on any subsequent date before himself,ande§ha11,
if such bail is not given, forthwith forward the arrested
person to the nearest Magistrate with 'a report of the ease,
and a request to detain him in Custgdy for such period
not exceeding fourteen days as may be necessai'y tq complete _
the investigation and to order his productioh before the.
said oflicei when hecessary for such investigation.
(4) The Magistrate to whom an agested pessoti is so
forwarded whether he has 01 has not pipsdiction to ti-y
the case may, by ordei: in writing stating the reason thera-
fore, authorise the detention of the arrested person in default
of bail to such custody as he thinks fit for a, team not
exceeding fourteen days on the whole.
20.B~ (1)- An officer er9powexed phder Seetion 29 may
or to produce anydocument necessary £61-the. purposegpf .
investigation.
(2) Such summons shah state whether the person
summOned is required to give evidence orprod'iice a 'dpcuv
ment or both, and shall specify a time and place for
appeatance.
(3) It. shall be lawful f0): such officer, instead ofissfiing
. .a summons; to prosLeed t9 the residence of any person
whom by reason of sickness on other infirmity-on byrreason
0&1?sz m: M: it may not seem praper to summon, and
then require; him to, answer aueh ,,qnestions. as may be
20f 1974.
B of 1974.
2 of 1974.
necessaryfer the purposes 91. the investigauon 1t sha11
@1150 he lawfin £01 such officerto ex ine aI'ly pezson~ who
mag appear hefeice 111111 to give evaene Q1 p'r'ogiuce any
document necessary {01; the purposesof investigation, axthough
the said person appeai's 'in‘ a1i1y"a11'd '11Q summons has
been issued to him.
   
 
 
(4) Any person examinegl111 aqcozdance with the. provi—
.1 sions Qfi sub—sectigm. (1) er-sub-seetion.(3_)-s11all he 111111114
to answer 311 questiohs 1e1ating to the investigation piit to
him by. such- Qfiieer othe1 than the q11esti(>11s the answe1s
to Which- Would- have a tendenpy tQ expgse him to a
criminal charge 01 to a penalty or £111 forfeiture
(5) The provisions of Section- 162- Of the Code of
Criminal Proeedure, l973,'sha11 apply to the statements
made by any person uhder this section. No oath. shall be
'afimimstered to any such person.
20.011" 11pon an investigation finder the Act, it appears
to the officer in cha1§e of such investigation that there is 110
sufficient evidence Q1 reaSQhahle grouh'ds of suspicion_to justify
the forwardiiig of the accused to a Magistrate, such oflicer
shah. 1e1ease him 011 his executing a 11an with or without
sureties as sfich officer may direct, to appear if and When so .
_:req1111ed before a Magistrate for trial.
20D When any oflicer of the Excise Departmentempo-
werecl under. Section 20, to investigate offences has 1easQnab1e
grounds for believing that any person has committed an
offence under this Act, he may, after recording his reasons in
writing and: either with or witheilt previous investigation
2311111an such pe1son to appear before him. ' '
20E; The perisiohs of the Code of Criminal: Procedure,
197 3 relating to summons and cempeliing the appearance of
pe1'sons summoned and the peruc'tion Of documents shall
apply, as far as may he, in the case any summons issued by
1111 0131131: empowered to issue a‘ summons under this Act
29F.Whe11 it'- appea13 to a1'1 Qificer empowered under
' Sectmn 20 that abend fer appearancebefoi'e himself has been
.forfe1ted he shall fqrward the bond tq the Magistrate having
Jurisdictionto fly, the offence efWhichtheperson bailed Was
Power of
investigating
oflicer to re-
lease accu-
wd When
evidence
deficient.
Power of
certain offi-
cers to sum
mon suspec-
ted persons.
Summqhmg
Witfie‘si‘s‘es,
etc. how to
be made.
Procedure
in forfeitlne
of bond.
4
accused together with a report in writing giving the reasons for
his belief and the relevant documents and theMagistrate shall
Jurisdiction
of Magis-
trate on re-
ceipt of re-
port from
Excise Ofl‘i—
oer.
- Attendance
of witnesses
before Ma-
gistrate.
Police to
take charge
of article
geized.
. deaf with the matter1nthe manner provided by the Code of
C11111111al Procedure, 1973, fer the foifeiture of b011ds fer
appearance before his own court.
1 20 G When an officer of the Excise 01' Police Depart‘ V
ment forwards'1n custody any person accused of an- o'fi'ence
under this Act to the Magistrate having jurisdiction to try the
case, or admits any person to bail to appear before such
Magistrate he shall submit a report setting forth the name ,of
the accused person and the nature of the ofl‘ence with which he
was charged and the names of persons Who appear to be
acquainted with the Circumstances of the case, and shall send
to such Magistrate any article which it may be necessary to
produce before him. Upon receipt of such report the Magis-
trate shallinquire into such offence and try the person accused
thereof in the like manner as if such report in writing made
,by a police officer under clause (b) of sub-section (1) of
Section 190 of: the Code of Criminal Procedure, 1973.
20 H. An Officer acting under the provisions of Section
20G shall have all the powers conferred by the Code 'of
Criminal Procedure, 1973, on the oflicer-in-charge of a police
station for the purpose of causing the appearance before the
Magistrate of person acquainted with the circumstances of
the Case.
201. All oflicers-in-charge of police station shall take
charge of, and keep 111 safe custody, pending the orders of
a Magistrate or an_ investigating‘oflicel, all articles seized
under this Act which may be delivered to them,$hall allow
“any investigtttion officer who may accompany such articles
; to the police station, or who may be deputed for the purpOSe
by his superior _oificer to aflix his seal to such articles and
t6 take samples of and from them. All samples so taken
V shall also_ be sealed With the seal of the ofiicer-inLcharge ‘of
”the police station and with the seal of the accused 9‘": his
_;:,agent,if he is available. All such packets or samples ShlL'.
be signed by the accused or his agent, if he is available.
a of 11::
2 of 1715
5
201. Every Excise or Police Officer making an investiga-tion under this Act shall, day by day, enter his proceedingsin the 1nvestigat1on in a diary, setting forth the time atwhich he began and closed the investigation, the place orplaces visited by him and a statement of the circumstances
ascertained from day to day until the investigation isclosed. ,
Diary of
Proceeding
in investi-
gation.

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