Opium Act 1878 Complete Act - Citation 137707 - Bare Act

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OPIUM ACT, 1878

OPIUM ACT, 1878

January 9, 1878

Act, No. of

An Act to amend the law relating to opium. Preamble.- Whereas it is expedient to amend the law relating to opium. It is hereby enacted as follows

Section 1 Short title and extent

1Words subs, for the words "It shall extend to such local areas as the Governor General In Council may, by notification In the Gazette of India, from time to time direct;" by Act 33 of 1950.[It extends to the whole of India except the State of Jammu and Kashmir.]

This Act may be called the Opium Act, 1878.

Section 2 .

1 Sec. 2 rep. partly by Act 12 of 1891 and partly by Act 4 of 1894, which was earlier as under :- "2. Repeal of enactments. Amendment of Acts. Amendment of Act 7 of 1836.-The enactments mentioned In the schedule hereto annexed shall be repealed to the extent specified In the third column of the said schedule: And in Acts No. XI of 1849, No. XXI of 1856 and No. X Of 1871, and In Bengal Act No. II of 1876, the words "intoxicating drugs" (wherever they occur) shall not Include opium. The reference made to Bombay Regulations XXI of 1827 and XX of 1830 In Act No. VII of 1836 shall be read as if made to the corresponding sections of this Act.".* * * * * * * * *

Section 3 Interpretation

In this Act, unless there be something repugnant in the subject or context,- 1 Definition subs, by Act 2 of 1930. which was earlier as under :- "Opium" Includes also poppy-heads, preparations or admixtures of opium, and intoxicating drugs prepared from the poppy;. ["opium" means- 2 Clause (t) subs. by Act 52 of 1957.

(i) the capsules of the poppy (Papaver Somniferum L.), whether in their original form or cut, crushed or powdered, and whether or not juice has been extracted therefrom;

(ii) the spontaneously coagulated juice of such capsules which has not been submitted to any manipulations other than those necessary for packing and transport; and

(iii) any mixture, with or without neutral materials, of any of the above forms of opium,

but does not include any preparation containing not more than 0'2 per cent. of morphine, or a manufactured drug as defined in Section 2 of the Dangerous Drugs Act, 1930;]

"Magistrate" means, in the Presidency-towns, a Presidency Magistrate, and elsewhere, a Magistrate of the first class or (when specially empowered by the 3 Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order. 1950.[State Government] to try cases under this Act) a Magistrate of the second class ;

4 Definitions subs. for previous definitions by Act 33 of 1950, which were as under :- "Import" means to bring into the territories administered by any Local Government from sea, or from foreign territory, or from a territory administered by any other Local Government. "Export" means to take out of the territories administered by any Local Government to sea, or any foreign territory, or from a territory administered by any other Local Government. , "Transport" means to remove from one place to another within the territories administered by the same Local Government.

"customs frontiers" means any of the customs frontiers of India as defined by the Central Government under Section 3A of the Sea Customs Act, 1878 (8 of 1878);

5 Definitions subs. for previous definitions by Act 33 of 1950, which were as under :- "Import" means to bring into the territories administered by any Local Government from sea, or from foreign territory, or from a territory administered by any other Local Government. "Export" means to take out of the territories administered by any Local Government to sea, or any foreign territory, or from a territory administered by any other Local Government. , "Transport" means to remove from one place to another within the territories administered by the same Local Government.

"import" and "export" mean respectively to bring into, or take out of, a State otherwise than across any customs frontiers;

6 Definitions subs. for previous definitions by Act 33 of 1950, which were as under :- "Import" means to bring into the territories administered by any Local Government from sea, or from foreign territory, or from a territory administered by any other Local Government. "Export" means to take out of the territories administered by any Local Government to sea, or any foreign territory, or from a territory administered by any other Local Government. , "Transport" means to remove from one place to another within the territories administered by the same Local Government.

"transport" means to remove from one place to another within the same State ;

7 Definitions subs. for previous definitions by Act 33 of 1950, which were as under :- "Import" means to bring into the territories administered by any Local Government from sea, or from foreign territory, or from a territory administered by any other Local Government. "Export" means to take out of the territories administered by any Local Government to sea, or any foreign territory, or from a territory administered by any other Local Government. , "Transport" means to remove from one place to another within the territories administered by the same Local Government.

"sale" does not include sale for export across customs frontiers, and "sell" shall be construed accordingly.

Section 4 Prohibition of poppy cultivation and possession, etc., of opium

Except as permitted by this Act, or by any other enactment relating to opium for the time being in force, or by rules framed under this Act or under any such enactment, no one shall- 1Original clauses (a) and (b) om. by Act 2 of 1930, which were as under[* * *] "

(a) cultivate the poppy:

(b) manufacture opium:".

2 Original clauses (b), (c), (d) and (e), renumbered as clauses (a), (b). (c) and (d), respectively, by Act 2 of 1930.

(a) possess opium ;

3 Original clauses (b), (c), (d) and (e), renumbered as clauses (a), (b). (c) and (d), respectively, by Act 2 of 1930.

(b) transport opium ;

4 Original clauses (b), (c), (d) and (e), renumbered as clauses (a), (b). (c) and (d), respectively, by Act 2 of 1930.

5 Original clauses (b), (c), (d) and (e), renumbered as clauses (a), (b). (c) and (d), respectively, by Act 2 of 1930.

(d) sell opium.

Section 5 Power to make rules to permit such matters

The 1 Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950.[State Government], 2 Words "subject to the control of the Governor General in Council," om. by Ben. Act 5 of 1933. * * * * may, from time to time, by notification in the 3 Words subs. for the words "Local Gazette" by the Government of India (Adaptation of Indian Laws) Order. 1937.[Official Gazette], make rules consistent with this Act, to permit absolutely, or subject to the payment of duty or to any other conditions, and to regulate, within the whole or any specified part of the territories administered by such Government, all or any of the following matters :- 4 Original Clauses (b). (c), (d) and (e), renumbered as clauses (a), (b). (c) and (d), respectively, by Act 2 of 1930.

(a) possession of opium;

5 Original Clauses (b). (c), (d) and (e), renumbered as clauses (a), (b). (c) and (d), respectively, by Act 2 of 1930.

(b) the transport of opium;

6 Original Clauses (b). (c), (d) and (e), renumbered as clauses (a), (b). (c) and (d), respectively, by Act 2 of 1930.

7 Original Clauses (b). (c), (d) and (e), renumbered as clauses (a), (b). (c) and (d), respectively, by Act 2 of 1930.

(d) the sale of opium and the form of taxation leviable on such sale:

Provided that no duty shall be levied under any such rule on any opium imported and on which a duty is imposed by or under the law relating to sea-customs for the time being in force or under 8 Words and figures subs. for word and figure "section 6" by Act 2 of 1930.[the Dangerous Drugs Act, 1930].

2 Sec. 6 rep. by Act 2 of 1930, which was as under* * * * * * * * Section6 Duty on opium imported by land

The Governor General in Council may from time to time. by notification in the Gazette of India, Impose such duty as he thinks fit on opium or on any kind of opium imported by land into British India or into any specified part thereof, and may alter or abolish any duty so imposed."

Section 7 Warehousing opium

1 Sec. 7 subs. by the Government of India (Adaptation of Indian Laws) Order, 1937. Previous Sec. 7 was as under :- "7. Warehousing opium.-The Governor General in Council may, by order notified in the Gazette of India. (a) authorize any Local Government to establish warehouses for opium legally imported into, or intended to be exported from, the territories administered by such Local Government, and (b) cancel any such order. So long as such order remains in force, the Local Government may. by notification published in the Official Gazette. (c) declare any place to be a warehouse for all or any opium legally imported, whether before or after the payment of any duty leviable thereon, into the territories administered by such Government, or into any specified part thereof, or intended to be exported thence, and (d) cancel any such declaration. An order under clause (b) shall cancel all previous declarations under clause (c) of this section relating to places in the territories to which such order refers. So long as such declaration remains in force, the owner of all such opium shall be bound to deposit it in such warehouse."The 2 Word subs. for the word "Provincial" by the Adaptation of Laws Order, 1950.[State] Government may, by notification published in the Official Gazette, declare any place to be a warehouse for all or any opium legally imported, whether before or after the payment of any duty leviable thereon, into the territories administered by that Government, or into any specified part thereof, and intended to be exported thence. So long as the declaration remains in force, the owner of all such opium shall be bound to deposit it in that warehouse.

Section 8 Power to make rules relating to warehousing

The 1 Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950.[State Government], 2 Words "subject to the control of the Governor General in Council" om. by the Government of India (Adaptation of Indian Laws) Order, 1937.* * * may, from time to time, by notification in the 3 Words subs. for the words "Local Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937. [Official Gazette], make rules consistent with this Act to regulate the safe custody of opium warehoused under Section 7; the levy of fees for such warehousing; the removal of such opium for sale or exportation; and the manner in which it shall be disposed of, if any duty or fees leviable on it be not paid within twelve months from the date of warehousing the same.

Section 9 Penalty for illegal cultivation of poppy, etc.

Any person who, in contravention of this Act, or of rules made and notified under Section 5 or Section 8,- 1 Original clauses (a) and (b) om. by Act 2 of 1930, which were as under :- "(a) cultivates the poppy, or (b) manufactures opium, or". * * * 2 Original clauses (c), (d). (e). (fl and (g) renumbered as clauses (a), (b), fc). (d) and (e) by Act 2 of 1930.

(a) possesses opium, or

3 Original clauses (c), (d). (e). (fl and (g) renumbered as clauses (a), (b), fc). (d) and (e) by Act 2 of 1930.

(b) transports opium, or

4 Original clauses (c), (d). (e). (fl and (g) renumbered as clauses (a), (b), fc). (d) and (e) by Act 2 of 1930.

5 Original clauses (c), (d). (e). (fl and (g) renumbered as clauses (a), (b), fc). (d) and (e) by Act 2 of 1930.

(d) sells opium, or

6 Original clauses (c), (d). (e). (fl and (g) renumbered as clauses (a), (b), fc). (d) and (e) by Act 2 of 1930.

(e) omits to warehouse opium, or removes or does any act in respect of warehoused opium,

and any person who otherwise contravenes any such rule, shall, on conviction before a 7 Word subs. for the word "Magistrate" by Ben. Act 5 of 1933.[Court], be punished for each such offence with imprisonment for a term which may extend to 8 Words subs. for the words "one year, or with fine which may extend to one thousand rupees" by Ben. Act 5 of 1933.[two years or with fine], or with both ; and, where a fine is imposed, the convicting 9 Word subs. for the word "Magistrate" by Ben. Act 5 of 1933.[Court] shall direct the offender to be imprisoned in default of payment of the fine for a term which may extend to six months, and such imprisonment shall be in excess of any other imprisonment to which he may have been sentenced. 10 'Expln.' ins. by Ben. Act 5 of 1933.

[Explanation.-The possession of a railway receipt or a steamer or mate's receipt relating to an undelivered parcel of opium lying in a railway or steamer office prima facie constitutes possession of the opium within the meaning of clause (a) of Sction 9, unless the accused person is able to give a satisfactory explanation for its possession.

Section 9A Import, export, transport, sale or possession by one person on account of another

1 Sees. 9A to 9G ins. by Ben. Act 5 of 1933.

(1) When opium is imported, exported,transported, sold or possessed by any person on account of any other person,and such other person knows or has reason to believe that such import,export, transport, sale or possession is on his account, the article shall; for the purposes of this Act, be deemed to be imported, exported, transported, sold or possessed by such other person.

(2) Nothing in sub-section (1) shall absolve any person who imports, exports, transports, sells or possesses opium on account of another person from liability to any punishment under this Act, for the unlawful import, export, transport, sale or possession of such article.

Section 9B Criminal liability of licensee for acts of servant

1 Sees. 9A to 9G ins. by Ben. Act 5 of 1933. When any offence punishable under Section 9 is committed by any person in the employ and acting on behalf of the holder of a license, permit or pass granted under this Act, such holder shall also be punishable as if he had himself committed the offence unless he establishes that all due and reasonable precautions were exercised by him to prevent the commission of such offence.

Section 9C Penalty for certain acts by licensee or his servant

1 Sees. 9A to 9G ins. by Ben. Act 5 of 1933. If the holder of any license, permit or pass granted under this Act or any person in his employ and acting on his behalf-

(a) fails to produce without satisfactory explanation such license, permit or pass on the demand of any officer empowered by the 2 Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] by notification in the3 Words subs. for the words "Local Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937.[Official Gazette] to make such demand, or

(b) in any case not provided for by Section 9, wilfully contravenes any rule made under Section 5 or Section 8, or

(c) wilfully and knowingly does any act in breach of any of the conditions of the license, permit or pass, for which a penalty is not prescribed elsewhere in this Act,

he shall, for every such offence, be punished with fine which may extend to five hundred rupees.

Section 9D Penalty for possession of opium in respect of which an offence has been committed

1 Sees. 9A to 9G ins. by Ben. Act 5 of 1933. If any person without lawful authority has in his possession any quantity of opium knowing the same to have been unlawfully imported, transported, or manufactured or knowing that the prescribed duty has not been paid thereon, he shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.

Section 9E Penalty for attempting or abetting offence

1 Sees. 9A to 9G ins. by Ben. Act 5 of 1933. Whoever attempts to commit or abets the commission of an offence punishable under this Act, shall be punished with the punishment provided for such offence.

Explanation.-The word "abets" as used in this section and in Section 9F has the same meaning as in Section 107 of the Indian Penal Code.

Section 9F Penalty for attempting or abetting offence outside West Bengal

1 Sees. 9A to 9G ins. by Ben. Act 5 of 1933. Any person who in 2 Words subs. for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.[West Bengal] attempts or abets the commission, in any place outside 3 Words subs. for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.(West Bengal], of any offence punishable under this Act or under the provisions of any corresponding law in force in that place, or does any act preparatory to, or in furtherance of, any act which, if committed, in 4 Words subs. for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.[West Bengal], would constitute an offence against this Act, shall be punished with imprisonment for a term which may extent to five years, or with fine, or with both.

Explanation.-The offences referred to in this section are independent of the existence, location, possession, origin, destination or other attributed of the opium to which they relate.

Section 9G Enhanced punishment after previous conviction

1 Secs. 9A to 9G ins. by Ben. Act 5 of 1933. Whoever having been convicted of an offence punishable under Section 9, Section 9A, Section 9B, Section 9C,Section 9D,Section 9E, Section 9F shall be guilty of any offence punishable under any of these sections, shall be liable for each such subsequent offence to twice the punishment which might be imposed on a first conviction under this Act:

Provided that nothing in this section shall prevent any offence, which might otherwise have been tried summarily under Chapter XXII of the Code of Criminal Procedure, 1898, from being so tried.

Section 10 Presumption in prosecutions under section 9

In prosecution under Section 9, it shall be presumed until the contrary is proved, that all opium for which the accused person is unable to account satisfactorily opium in respect of which he has committed an offence under this Act.

Section 11 Confiscation of opium

In any case in which an offence 1 Words, figures and letters subs. for the words and figure "under section 9" by Ben. Act 5 of 1933.[under Section 9A, Section 9B, Section 9C,Section 9D,Section 9E, Section 9F,Section 9G] has been committed,- 2 Original clause (a) om. by Act 2 of 1930. which was as under :- "(a) the poppy so cultivated;". * * * * * * 3 Original clause (b). (c) and (d) renumbered as clauses (a), (b), and (c) by Act 2 of 1930.

(a) the opium in respect of which any offence 4 Words "under the same section" om. by Ben. Act 5 of 1933.* * * * has been committed,

5 Original clause (a) om. by Act 2 of 1930. which was as under :- "(a) the poppy so cultivated;".

(b) where, in the the case of an offence 6 Words subs. for the words, letters and brackets "under clause (b) or (c) of the same section" by Ben. Act 5 of 1933.[relating to the transport, import or export of opium], the offender is transporting, importing or exporting any opium exceeding the quantity (if any) which he is permitted to transport, import or export, as the case may be, the whole of the opium which he is transporting, importing or exporting

7 Original clause (b). (c) and (d) renumbered as clauses (a), (b), and (c) by Act 2 of 1930.

(c) where, in the case of an offence 8 Words subs. for the words, letter and brackets "under clause (d) of the same section" by Ben. Act 5 of 1933. [relating to the sale of opium], the offender has in his possession any opium other than the opium in respect of which the offence has been committed, the whole of such other opium, shall be liable to confiscation.

The 9 Words subs. for the word "vessels" by Ben. Act 5 gf 1933.[receptacles], packages and coverings in which any opium liable to confiscation under this section is found, and the other contents (if any) of the 10 Words subs. for the word "vessel" by Ben. Act 5 of 1933.[receptacle] or pakcage in which such opium may be concealed, and the animals, 11 Words Ins. by Ben. Act 5 of 1933.[carts, vessels, rafts] and conveyances used in carrying it, shall likewise beliable to confiscation.

Section 12 Order of confiscation by whom to be made

When the offender is convicted, or when the person charged with an offence in respect of any opium is acquitted, but the 1 Word subs. for the word "Magistrate" by Ben. Act 5 of 1933. [Court] decides that the opium is liable to confiscation, such confiscation may be ordered by the 2 Word subs. for the word "Magistrate" by Ben. Act 5 of 1933.[Court]. Whenever confiscation is authorized by this Act, the officer ordering it may give the owner of the thing liable to be confiscated an option to pay, in lieu of confiscation, such fine as the officer thinks fit. When an offence against this Act has been committed, but the offender is not known or cannot be found, or when opium not in the possession of any person cannot be satisfactorily accounted for, the case shall be inquired into and determined by the Collector of the district or Deputy Commissioner, or by any other officer authorized by the 3 Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] in this behalf, either personally or in right of his office, who may order such confiscation :

Provided that no such order shall be made until the expiration of one month from the date of seizing the things intended to be confiscated or without hearing the persons; (if any) claiming any right thereto, and the evidence (if any) which they produce in support of their claims.

Section 13 Power to make rules regarding disposal of things confiscated, and rewards

(a) the disposal of all things confiscated under this Act ; and

(b) the rewards to be paid to officers and informers4 Words "out of the proceeds of fines and confiscations under this Act" om. by the Government of India (Adaptation of Indian Laws) order, 1937. *****

Section 14 Power to enter, arrest and seize, on information that opium is unlawfully kept in any enclosed place

1 Words subs. for the words "Any officer of any of the departments of Excise, Police, Customs, Salt, Opium or Revenue superior in rank to a peon or a constable" by Ben. Act 5 of 1933.[Any officer not below the rank of a sub-inspector of the Department of Excise, Police and any officer of the Customs, Salt or Revenue Departments], who may in right of his office be authorized by the 2 Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950.[State Government] in this behalf, and who has reason to believe, from personal knowledge or from information given by any person and taken down in writing, that opium liable to confiscation under this Act is 3 Word "manufactured" om. by Act 2 of 1930.* * * kept or concealed in any building, vessel or enclosed place, may, 4 Words subs. for the words "between sunrise and sunset" by Ben. Act 5 of 1933.[at any time by day or night],-

(a) enter into any such building, vessel, or place ;

(b) in case of resistance, break open any door and remove any other obstacle to such entry ;

(c) seize such opium 5 Words "and all materials used in the manufacture thereof om. by Act 2 of 1930.* * * * and any other thing which he has reason to believe to be liable to confiscation under Section 11 or any other law for the time being in force relating to opium 6 Words ins. by Ben. Act 5 of 1933.[and also any other thing or document which throws or is likely to throw any light on the alleged offence] ; and

(d) detain and search, and if he think proper, arrest any person whom he has reason to believe to be guilty of any offence relating to such opium under this or any other law for the time being in force.

Section 15 Power to seize opium in open places. Power to detain, search and arrest

Any officer of any of the said departments 1 Words ins. by Ben. Act 5 of 1933. [or any officer of the Department of Posts and Telegraphs or of any railway or steamer administration controlled by 2 Words subs. for the words "the Government" by Ben. Act 5 of 1933.[the Federal Railway Authority or any Government] or by a railway or steamship company, such officer being duly authorised in this behalf by the 3 Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may-

(a) seize, in any open place or in transit, any opium or other thing which he has reason to believe to be liable to confiscation under Section 11 or any other law for the time being in force relating to opium 4 Words ins. by Ben. Act 5 of 1933.[and also any other thing or document which throws or is likely to throw any light on the alleged offence ; and]

(b) detain and search any person whom he has reason to believe to be guilty of any offence against this or any other such law, and, if such person has opium in his possession, arrest him and any other persons in his company.

Section 16 Searches how made

All searches under Section 14 or Section 15 shall be made in accordance with the provisions of the Code of Criminal Procedure.

Section 17 Officers to assist each other

1 Words and figures subs. for the words and figures The officers of the several departments mentioned in section 14" by Ben. Act 5 of 1933.[The officers referred to in Section 14 and Section 15] shall, upon notice given or request made, be legally bound to assist each other in carrying out the provisions of this Act.

Section 18 Vexatious entries, searches, seizures and arrests

1 Words subs. for the words "Any officer of the said departments who" by Ben. Act 5 of 1933.[If any of the said officers], without reasonable ground of suspicion, enters or searches, or causes to be entered or searched, any building, vessel or place, or vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any opium or other thing liable to confiscation under this Act, or vexatiously and unnecessarily detains, searches or arrests any person, 2 Word ins. by Ben. Act 5 of 1933.[he] shall, for every such offence, be punished with fine not exceeding five hundred rupees.

Section 19 Issue of warrants

The Collector of the district, Deputy Commissioner or other officer authorised by the 1 Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] in this behalf, either personally or in right of his office, or a Magistrate, may issue his warrant for the arrest of any person whom he has reason to believe to have committed an offence relating to opium, or for the search, whether by day or night, of any building or vessel or place in which he has reason to believe opium liable to confiscation to be kept or concealed. All warrants issued under this section shall be executed in accordance with the provisions of the Code of Criminal Procedure.

Section 20 Power of State Government to authorize officers to investigate offences and grant bail

1 Secs. 20 to 20J subs. for original sec. 20 by Ben. Act 5 of 1933. Original sec. 20 was as under :- "20. Disposal of person arrested or thing seized.-Every person arrested, and thing seized, under section fourteen or section fifteen, shall be forwarded without delay to the officer in charge of the nearest Policestation; and every person arrested and thing seized under section nineteen shall be forwarded without delay to the officer by whom the warrant was issued. Every officer to whom any person or thing is forwarded under this section shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or thing."

(1) The 2 Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may,by notification in the3 Words subs. for the words "Local Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937. [Official Gazette], authorize any class of officers of the Excise, Police or Customs Department to investigate offences, and to grant bail to persons arrested, under this Act.

(2) The 4 Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order. 1950.[State Government] may, from time to time, determine the form of the bail bond to be used.

Section 20A Persons arrested how to be dealt with

1 Secs. 20 to 20J subs. for original sec. 20 by Ben. Act 5 of 1933.

(1) When any person is arrested or any opium or other thing is seized under the provisions of this Act, the person making the arrest or seizure shall, if he is an officer of the Excise, Police or Customs Department, forthwith forward the person arrested or the thing seized to the nearest officer of his department empowered under Section 20 unless he is himself so empowered.

(2) When such arrest or seizure is made by any officer referred to in Section 14 or Section 15 other than an officer of the Excise, Police or Customs Department, he shall forthwith forward the person arrested or the thing seized to the nearest officer of the Excise, Police or Customs Department empowered under Section 20 and having jurisdiction in the case.

(3) When any person is brought in custody before an officer empowered under section 20, or when such officer has himself arrested or procured the appearance by summons under Section 20D of any person, he shall make such investigation as seems to him necessary, and shall either release such person or admit him to bail to appear, or if bail is not given, produce him or cause the officer-in-chage of the nearest police-station to produce him before a Magistrate having jurisdiction in the case :

Provided that if the investigation is not completed within twenty-four hours of the arrest, the said officer may take bail with or without security from the person arrested to appear on any subsequent date before himself and shall, if such bail is not given, forthwith forward the arrested person to the nearest Magistrate with a report of the case, and a request to detain him in custody for such period not exceeding fourteen days as may be necessary to complete the investigation and to order his production before the said officer when necessary for such investigation.

(4) The Magistrate to whom an arrested person is so forwarded, whether he has or has not jurisdiction to try the case, may, by order in writing stating the reasons therefor, authorize the detention of the arrested person in default of bail in such custody as he thinks fit for a term not exceeding fourteen days in the whole.

Section 20B Power of investigating officer to summon witnesses

1 Secs. 20 to 20J subs. for original sec. 20 by Ben. Act 5 of 1933.

(1) An officer empowered under section 20 may summon any person to appear before himself to give evidence, or to produce any document, necessary for the purposes of an investigation.

(2) Such summons shall state whether the person summoned is required to give evidence or to produce a document or both, and shall specify a time and place for appearance.

(3) It shall be lawful for such officer instead of issuing a summons to proceed to the residence of any person whom by reason of sickness or other infirmity or by reason of rank or sex it may not seem proper to summon, and there require him to answer such questions as may be necessary for the purposes of the investigation.

(4) Any person examined in accordance with the provisions of sub-section (1) or sub-section (3) shall be bound to answer all questions relating to the investigations put to him by such officer other than questions the answer to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

(5) The provisions of Section 162 of the Code of Criminal Procedure, 1898, shall apply to the statements made by any person under this section.

(6) No oaths shall be administered to any such person.

Section 20C Power of investigating officer to release accused when evidence deficient

1 Secs. 20 to 20J subs. for original sec. 20 by Ben. Act 5 of 1933. If upon an investigation under this Act it appears to the officer in charge of such investigation that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate for trial.

Section 20D Power of certain officers to summon suspected persons

1 Secs. 20 to 20J subs. for original sec. 20 by Ben. Act 5 of 1933. When any officer of the Excise, Police or Customs Department, not below such rank as may be prescribed by the 2 Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] by notification in the 3 Words subs. for the words "Local Gazette" by the Government of India (Adaptation of Indian Laws) Order. 1937.[Official Gazette], has reasonable 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 without previous investigation, summon such person to appear before him.

Section 20E Summoning witnesses, etc., how to be made

1 Secs. 20 to 20J subs. for original sec. 20 by Ben. Act 5 of 1933. The provisions of the Code of Criminal Procedure, 1898, relating to summonses and compelling the appearance of persons summoned and the production of documents shall apply, as far as may be, in the case of any summons issued by an officer of the Excise, Police or Customs Department, empowered to issue a summons under this Act.

Section 20F Procedure in case of forfeiture of bond

1 Secs. 20 to 20J subs. for original sec. 20 by Ben. Act 5 of 1933. When it appears to an officer of the Excise, Police or Customs Department that a bond for appearance before himself has been forfeited, he shall forward the bond to the Magistrate having jurisdiction to try the offence of which the person bailed was accused, and the Magistrate shall deal with the matter in the manner provided by the Code of Criminal Procedure, 1898, for the forfeiture of bonds for appearance before his own court.

Section 20G Jurisdiction of Magistrate on receipt of report from Excise Officer, etc.

1 Secs. 20 to 20J subs. for original sec. 20 by Ben. Act 5 of 1933. When an officer of the Excise, Police or Customs Department forwards in custody any person accused of an offence under this Act to the Magistrate having jurisdiction to try the case or admits any such 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 offence with which he was charged and the names of the 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 Magistrate shall inquire into such offence and try the person accused thereof in like manner" as if such report is a report in writing made by a police officer under clause (b) of sub-section (1) of Section 190 of the Code of Criminal Procedure, 1898.

Section 20H Attendance of witnesses before Magistrate

1 Secs. 20 to 20J subs. for original sec. 20 by Ben. Act 5 of 1933. In officer of the Excise, Police or Customs Department acting under the provisions of Section 20G shall have all the powers conferred by the Code of Criminal Procedure, 1898, on an officer-in-charge of a police-station for the purpose of causing the appearance before the Magistrate of persons acquainted with the circumstances of the case.

Section 20I Police to take charge of articles seized

1 Secs. 20 to 20J subs. for original sec. 20 by Ben. Act 5 of 1933. All officers in charge of police-stations shall take charge of and keep in safe custody, pending the orders of a Magistrate or an investigating officer of the Excise, Police or Customs Department, all articles seized under this Act which may be delivered to them, and shall allow any investigating officer who may accompany such articles to the police-station or who may be deputed for the purpose by his superior officer, to affix his seal to such articles and to take samples of and from them. All samples so taken shall also be sealed with the seal of the officer in charge of the police-station and with the seal of the accused or his agent if he is available. All such packets of samples shall be signed by the accused or his agent if he is available.

Section 20J Diary of proceedings in investigation

1 Secs. 20 to 20J subs. for original sec. 20 by Ben. Act 5 of 1933.

(1) Every Excise, Police or Customs officer making an investigation under this Act shall, day by day,enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him and a statement of the circumstances ascertained from day to day until the investigation is closed.

(2) The provisions of sub-section (2) of Section 172 of the Code of Criminal Procedure, 1898, shall apply in the case of every such diary.

Section 21 Report of arrests and seizures

Whenever any officer makes any arrest or seizure under this Act, he shall, within 1 Words subs. for the words "forty-eight hours" by Ben.Act 5 of 1933. [twenty-four hours] next after such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate official superior. 2 Sec. 22 rep. by Act 2 of 1930, which was as under:- "22. Procedure in case of illegal poppy-cultivation.-In the case of alleged illegal cultivation of the poppy, the crop shall not be removed, but shall, pending the disposal of the case, be attached by an officer superior in rank to a peon or constable, who may in right of his office be authorized by the Local Government in this behalf; and such office shall require the cultivator to give bail in a reasonable amount (to be fixed by such officer) for his appearance before the Magistrate by whom the case is to be disposed of. and such cultivator shall not be arrested unless within a reasonable time he fails to give such bail: Provided that, wherever Act No. XIII of 1857 (An Act to consolidate and amend the law relating to the cultivation of the Poppy and the manufacture of Opium in the Presidency of Fort William In Bengal, or any part thereof, Is in force, nothing in this section shall apply to such cultivation."* * * * *

Section 22 .

Section 23 Recovery of arrears of fees, duties, etc.

Any arrear of any fee or duty imposed under this Act or any rule made hereunder, and any arrear due from any farmer of opium-revenue 1 Words ins. by Ben. Act 5 of 1933.[or any person licensed in this behalf under this Act], may be recovered from the person primarily liable to pay the same to the 2 Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950.[State Government] or from his surety (if any) as if it were an arrear of land-revenue.

Section 24 Farmer may apply to Collector or other officer to recover amount due to him by licensee

When any amount is due to a farmer of opium-revenue from his licensee, in respect of a license, such farmer may make an application to the Collector of the district, Deputy Commissioner or other officer authorized by the 1 Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] in this behalf, praying such officer to recover such amount on behalf of the applicant; and on receiving such application, such Collector, Deputy Commissioner or other officer may in his discretion recover such amount as if it were an arrear of land-revenue, and shall pay any amount so recovered to the applicant:

Provided that the execution of any process issued by such Collector, 2 Words subs. for the words "Deputy Collector" by Act 12 of 1891. [Deputy Commissioner] or other officer for the recovery of such amount shall be stayed if the licensee institutes a suit in the Civil Court to try the demand of the farmer, and furnishes security to the satisfaction of such officer for the payment of the amount which such Court may adjudge to be due from him to such farmer :

Provided also that nothing contained in this section or done thereunder shall affect the right of any farmer of opium-revenue to recover by suit in the Civil Court or otherwise any amount due to him from such licensee.

Section 25 Recovery of penalties due under bond

When any person in compliance with any rule made hereunder, gives a bond for the performance of any duty or act, such duty or act shall be deemed to be a public duty, or an act in which the public are interested, as the case may be, within the meaning of the Indian Contract Act, 1872, section 74; and, upon breach of the condition of such bond by him, the whole sum named therein as the amount to be paid in case of such breach may be recovered from him as if it were an arrear of land-revenue.

3 'Sch.' rep. by Act 12 of 1891, which was as under*** SCHEDULE Offences Triable by a Nyaya Panchayat

Acts of the Governor General in Council.

Number and year

Subject or title

Extent of repeal.

Act XI of 1849

Abkarl Revenue of Calcutta

In section 5, the word "opium." In section 6, the word "opium" and the last thirty-one words. In section 15, from and Including the words "except in the case," to the end of the section. In section 33, from and including the words "except opium," down to and including the words "each seer;" and the words "or in the case of opium as aforesaid,

a reward of one rupee eight annas for each seer."

Act III of 1852

Spirituous Liquers. Bombay

Section 10, so far as it relates to opium.

Act XXI of 1856

Bengal Abkari Act

In section 28, the words "opium." Sections 34, 51, 52, 53 and 87.

Number and year

Subject or title

Extent of repeal.

In section 35. the words "or opium." In section 49, the words "except opium." Section 59, so far as it relates to opium. In section 75, the words "except opium," and from and including

the words "opium seized." down to the end. In section 76, from and including the words "except opium." down to and including the words "each seer:" and from and including the words "or in," down to and including

the words "each seer." In paragraph 8 of section 90, the words "and opium."

Act XIII of 1857.

Cultivation of the poppy and manufacture of opium.

Section 2.

Act X of 1871.

The Northern India Excise Act

In paragraph 5 of section 3. the word "opium." Sections 18, 65. 66. 67 and 87. In section 19. the words "or opium." Section 46, so far as it relates to opium. In section 46, paragraph 3, from and including the words "as well as," down to and including the words "dealings in opium." In section 63, the words "except opium." In section 78, the words "except opium" and paragraph 2. In section 79. from and including the words "except opium," down to and including the words "each sen" and from and including the words "or in," down to and including

the words "each ser."

Act IV of 1872.

The Panjab Laws Act.

Section 49.

Act XXVI of 1872

Panjab Opium Law Amendment.

The whole Act.

Act VI of 1873.

Transhipment of goods.

Section 7.

Act XVI of 1875.

The Indian Tariff Act.

Section 9.

Act XXIII of 1876.

To amend the law relating to Opium.

The whole Act.

Act VI of 1877.

For postponing the day on which the Opium Act. 1876 is to come into force.

The whole Act.

Act of the Lieutenant-Governor of Bengal in Council.

Number and year.

Subject

Extent of repeal.

II of 1876.

To amend Act XI of 1849. Act XXI of 1856. and Act IV (B.C.) of 1866.

In section 3. in the section substituted for section 33 of Act XI of 1849, the words "except opium," and from and including the words "confiscated opium," down to and including the words "general order." In section 3, in the section substituted

for section 34 of Act XI of 1849. the words "except

in the case of opium:" and from and including the words "and in the case of opium," down to and including

the words "similarly distributed." In section 10, in the section substituted for section 75 of Act XXI of 1856. the words "except opium," and from and including the words "confiscated opium," down to and including the words "general order." In section 10, in the section substituted for section 76 of Act XXI of 1856. the words "except in the case of opium," and from and including

the words "and in the case of opium," down to and including the words "similarly distributed."

Bombay Regulations.

The preamble from and including

the words "with the combined,"

down to and including

the words "the prohibited."

Chapters I, II, III and IV. So much as has not been repealed.

Extent of repeal.

for section 34 of Act XI of 1849. the words "except

in the case of opium:" and from and including the words "and in the case of opium," down to and including

the words "and in the case of opium," down to and including the words "similarly distributed."

Bombay Regulation Duty on opium .......... XXI of 1827.

The preamble from and including

the words "with the combined,"

down to and including

the words "the prohibited."

Bombay Regulation Malwa opium .......... XX of 1830.

Chapters I, II, III and IV. So much as has not been repealed.

West Bengal State Acts

State	West Bengal Government
Year	1878

Opium Act, 1878 Complete Act - Bare Act