The Assam Opium (Amendment) Act, 1933

1 OF 1933] ASSAM OPIUM (AMENDMENT) ACT ASSAM ACT 1 OF 1933 THE ASSAM OPIUM (AMENDMENT) ACT. 1933* (Published in the Assam Gat-tie of the 7th June 1933) An Act to amend the Opium Act, 1878 Act 1 Whereas it is expedient to amend the Opium 1878. of Acts 1878, in its application to Assam for the purpose, hereinafter appearing ; It is hereby enacted as follows: - 1. This Act may be called the Assim Opium Short title (Amendment) Act, 1933. Acı 1 of 1878. 2. In section 9 of the Opium Act, 1878 (herein. Amendment after referred as the principal Act)- of section 9 of Act I of (i) for the words "on conviction before a 1878. Magistrate" and "the convicting Magistrate" the words "on conviction" a d "the convicting Court" respectively, shall be substituted. (ii) for the words "for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both" there shall be substituted the words "which may extend to two years, or with fine or with both" and Ojca Code (iii) for the words "six months" the words "one year" shall be substituted.

3. After section 9 of the principal Act, the follow- Insertion of ing new section shall be inserted, namely :- 9A, 9B. 9C. new sections 9A. Whoever having been convicted of an offen- 9D. 9E, and ce punishable under section 9 is again guilty of an 9F. offence under that section shall be subject for every Enhanced such subsequent offence to imprisonment which may after previ- punishment extend to four years or to fine. ous convic tion. 9.B. (I) Whenever any person is convicted of an Security for offence punishable under section 9 and the Court abstaining convicting him is of opinion that it is necessary to sion of cer- from commis- require such Person to execute a bond for abstaining tain offences. from commission of such offence, the Court may, at the time of passing sentence on such person, order him to execute a bond for sum proportionate to his means, with or without sureties for abstaining from the commission of such offences during such period, not exceeding three years, as it thinks fit to fix.

"For Statements of objects and Reagous. see Assam Gazette 1932, Part V, page 59, for Report of Select Committee See Assam Gazelle, 1932. Part V, pages 73-76, for Proceedings in Council. see Assam Gazelle 1932, Part VI pages 808-825-836, 1122, sce Assam Gazette 1933, Part VI, Page 84, ASSAM OPIUM (AMMENDMENT) ACT [ASSAM ACT, 2. The bond shall be in the form contained in Act V of the schedule and the provisions of the Code of Cri- 1898. minal Procedure, 1898, shall, in so far as they are applicable, apply to all matters connected with such bond and the non-execution thereof as if it were a bond to keep the peace ordered to be executed under section 106 of that Code. Act V of 1898 (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court, or by the High Court when exercising its powers of revision.

Punish- 9C. Whoever, being the owner or occupier or having the use of any house, room, enclosure, space vessel, vehicle or place, knowingly permits it to be used for the commission by any other person of an offence punishable under section 9 shall be liable to the punishment provided in that section ment for allowing premises to be used for the commission of an offence. Import, export, transport, manufac - ture, sale or possession by on Person one account of another. 9D. (1) When any opium has been imported exported, transported or sold or is possessed by any person on account of any other person, and such other person knows or has reasons to believe that such import, export, transport or sale was, or that such possession is on his account, that opium shall, for the purpose of this Act, be deemed to have been imported, exported, transported or sold by, or to be in possession of such other person.

(2) Nothing in sub-section (1) shall absolve any person who imports, exporis, transport, sells or has possession opium on account of another person from liability to any punishment under this Act for unlawful import, export, transports, sale or possession of opium. Abelments 9E. Whoever attempt to commit an offence and in such attempt does any act towards the commission of the offence punishable under section 9 or section 9C shall be liable to punishment provided for the offence. 9F. Whoever abets an offence punishable under this Act shall, whether such offence be or be not committed in consequence of such abetment, and notwithstanding anything contained in section 116 of the Indian Penal Code, be punished with the punishment provided for the offence. Amendment of section 14 of Act I of 1878.

4. In section 14 of the principal Act,- (i) for the words "between sunrise and sunset" there shall be substituted the word "whether by day or by night", and Act XLV of 1868. om: 1933) ASSAM OPIUM AMMENDMENT AGT (ii) in clause (c) after the word "opium" where it occurs for the second time the following words shall be added, namely :- Eastern Bengal and Assam Act 1910. Act II of 1930. "and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or under the Eastern Bengal and Assam Excise Act, 1910 or under the Dangerous Drugs Act, 1930". 5. In section 15 of the principal Act -- Amendment of section 15 (i) after the word "opium" at the end of clause of Act I ef (a) there shall be added the following 1887.

words, namely : "and any document or other article which he has reason to believe may furnish evidence of the commission an offence punishable under this Act, or under the Eastern Bengal and Assam Excise Act, 1910, or under the Dangerous Drugs Act, 1930 ;" and (i) in cluse (d) for the words "if such person has opium in his possession" the words "if the search confirms such belief" shall be substituted. 6. After section 20 of the principle Act the follow- Insertion of ing new section shall be inserted, namely :- new section. "20A. (1) The [State Government]4 may invest any officer of the Excise Department, not below the rank of Sub-Inspector or any class of such officer, with the powers of an officer in-charge of a police station for the investigation of offences under this Act. (2) Any confession made to or whilst in the custody of any officer invested under sub-section (1) with the power of an officer in-charge of a police station shall be deemed to be a confession made to on whilst in the custody of police officer".

7. At the end of the principal Act the following schedule shall be inserted, namely : - 1 Substituted by the A. O. 1950 for Provincial Government which was substituted by the A. O. 1937 for "L.G", ndaCode Power to invest Excise officer with powers of an o ffi cer in-charge of a Police station. Eastern Bengal and Assam Act I 1910. Act II of 1930. ASSAM OPIUM (AMENDMENT) ACT [ASSAM ACT SCHEDULE BOND TO ABSTAIN FROM THE COMMISSION OF OFFENCES UNDER THE ASSAM OPIUM (AMENDMENT) ACT, 1932 (See Section 9B) WHEREAS I (name ), inhabitant of (place) have been called upon to enter into a bond to abstain from the commission of an offe .. ce under section 9 of the Indian Opium Act, 1878, for the term of I hereby bind myself not to commit any such offence during the said term and, in case of my making default therein, I hereby bind myself to forfeit to [Government] } the sum of rupees Dated this day of 19 (Signature)." O (Where a bond with securities is to be executed, add-) We do hereby declare ourselves sureties for the abovenamed that he will abstain from the commission of an offence under section 9 of the Indian Opium Act, 1878, during the said term;

and, in case of his making default, therein, we bind ourselves, jointly and severally, to forfeit to [Government] 1 the sum of rupees Dated this day 19 (Signature)" 1 Subtituted by the A. O. 1950 for 'His Majesty the king, Emperor of India'.