OPIUM ACT, 1878
Words 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.
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 Amendment of Act 7 of 1836.-The enactments mentioned In the schedule hereto annexed shall be repealed to the extent specified In the third column of the said schedule: And in Acts No. XI of 1849, No. XXI of 1856 and No. X Of 1871, and In Bengal Act No. II of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.".* * * * * * * * *
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
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.
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.
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."
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 thi
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 sa
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.
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(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.
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.
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 contrave
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.
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.
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
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.
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.
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
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 s
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] may, 2 Words "with the previous sanction of the Governor General in Council" om. by Act 38 of 1920. * * * * 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-
(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 Go
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 enclo
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 Wor
All searches under Section 14 or Section 15 shall be made in accordance with the provisions of the Code of Criminal Procedure.
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.
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.
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.
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"
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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 unl
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.
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
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.
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