The Assam Opium Smoking Act, 1927
#### '"

###### In of 1927.]

261

###### ASSAM ACT III OF 1927*
THE ASSAM OPIUM S ~ rOK ISG ACT, 1927

Published;" the Au.", _G.,,,,. of d,e 9lh " O\'.mber 1927, __ _~._ ;

Au Act to provide fo r tbe prohibition of opiUll> BII1;;ki;;g-

###### or

I" ~ WHER.Jw! it ;, exPedient to prohibit the smoking of opium;
b- And whereas the previous sanction of the GO"ernor General

t- 80Ato the Passing of the Government of this Act, as required by sub 'section of India Act, has been obtained ; (3) of section

19

###### It is hereby enacted as foll[ows ]:_ Short title

h

_Act, 1927._
1. (I) This Act may be called the Assam Opium Smoking and ""leot.

I· (2) It extends to the whole of As'am, . xcluding the temtor_

Governmenties dedared to of be " India backward t"acts " un ~t: der_ section 52.<\ rof the_

Provided that the [ProvinciaJ Government]I may by notifi-

cation extend the Act to the aforesa;d territories or ar Y parts

the notification.thtteofwith effect fromt SUch date Or date, as may be specified in

~ bje2.c t In or con this Act, unlesstex:t,_ there is anything repugnan t in the DeliaitiOl1l.

_(a) "Opium" include, [' prepared opium' Which means]2_

_chandu. mad:J!c, opium dross or the scrapings from_ the
opium pipe and every other preparation or admixture
of opium which may be used for smoking ;

_(0) " 'Place " includes a building, house,_ enclOSure, 'hop,

thebooth, ten" vessel,reof; raft and vehicle, and any part

_(e) " Col1ector " mean, the Chief officer in charge of the_
revenue administration of a district, and inClUdes
any officer 'Vh~m Ihe [[Pr]2vincial GovernnWH] _I_ may,

by notification, declare or appoint to be a Collector
for the pur;>o,es of this A .t.

3. It shall be unlawful for any per,on to Smoke opium. Any P.n:lty for
###### """n smoking opi um shall be PUnishable, in the case of a first ~';;':.:g

\i ction, with fine which may extend to fifty rupees and, in the .

ofa second or subsequent convictiun, shall be liable to imp.

OWent of either description for a term which may extend to
month, in addition to fine which may extend to fifty rupees.

4. If two or more pel'Jons smoke opium in company, each of P.n~~~~ for

_shall, irrespective of their common object,_ be pun;'hable :~n

imprisonment of either description for a tel'll] which may COmpany.

'CD<!'th both. to one mc.'l1th or With fine which m..y extend to fifty rupee,

' For Statement of Ob.i<c" and Re...,'" SN A"am Gaze". : Parr Y, 1 .2~.

Reportof the Select Committee SN i60/ pp. 19 to 20; for proceedi"".
###### , ... As.am Gazctte Part VI, 1927. ~? 328, 33<, 811, 99, to 99;;.

' /1 hat ".,.., eXtended to that porrion at the Rha,; IlOd J.inti. Hm.

"'hich hat been declared to bea hacJo.a,d tract under ICCtion S2A of
1928.""'=t ;" the 0 Manual Indi. Acr., - ofLocal Rules:>Ootitic and 0 .atiar ",,1'1" . 2897E.,, Vol. II!. dated I~th Oo-t".
I SubUituted by the A. O. for "L. G".

:. I""'lted by A.sam Act II of 193••


-----

262 THE ASSAK QpW>I S>lOI<L'm ACT (A-sam

**_Explanation.-A man and his wife smoking opium tog_**
**shall not be deemed to be smoking in company within the** **m**
**ing of [his section.**

**Opium unoJr:.** **.**

**iog aucmbh·.** **5. An assembly of two or** **mo re** **peTSQn5** **15**

. opium-smoking asae mbly if th e common object of the

**composing that assembly is to smoke opium or to prepare** **opi**

**JOT smoking purposes.**

_Etplanation I.-An assembly which was not an_ opium

ing assem bly when it assembled ma y subsequently becomes
an assembly

Ex~lanation 2 - A man and his wife shall not be deemed to
**an opium-smoking assembly within the** **meaning of this tee: '**

even if their common object be to **smoke** **opium or to pr**

**opium for smoking purposes.**

M~ber of **6. Whoever being aware of facti which render** **an aDem**

~pJum-.mblok. an opium-smoking assembly inte ntionally joins that **a.uembl)"** **fl**

lhg aaem y. th e purpose 0 smof ki'ng opium, or 0 f preparing. opium. <tor **I**

ing or continues therein for that purpose shall be deemed to be

. member of that assembly.

###### ~&;,on 7. The presence of any opium and of any pipes or app arat

~lence or **for the smoking of opium or for** **the** **preparation of opium** ~

**opium and** **smoking purposes in any place where two or more** persons a:

?piUlD-Smok~ assembled shall be held sufficient to raise a presumption that IU

~ app....- persons have assembled at such place for the purpose of SIDon

**U!.** **opium or of preparing opium for smoking purposes.**

~~Jty for **8.. \** **'Vhoev.er i~ a ~em** be...· of an ?pium.smo.ki~ assembly s

be~ftntl? **be pu nished WIth rmpnsonmen t of either description** **for a t**

amokin~Plum which may extend to one month, or with fine which may ex
....mbly. to fifty rupees, or wit h both.

Penalty for **9. \Vhoever opens, keeps or Uses any** **place or permit!**

~:=. place to be opened, kept or used for the purpose. of an opi

**having :'r. smoking assembly t or has the care or management** **of, or in** **a**

ge of place **way assists in conducting the business of, any place used or k**

wed fo<such for the purposes aforesaid shall be punis hed with imprisonment
**assembly.** **either description for a term which may extend to sia** **months, or**

with fine which may extend to one thousand rupees, or .

both.

P~n.aJty for 10. (Whoever possesses or deals in prepared opium shall be
dealing in

punishable with im pnsonrnent which may extend to two years

opium dress .

with fine or with both.] 1

Enhan~s n . Whoever having been previow ly convicted of an offena

**of punllb·** **under section 8, 9 or )0 is again convicted of an offence und**

###### =~QUeen- either of these sections, shall be liable to twice the punisbm.t2l.

**viction.** **which might be imposed on a fin t convic tion.**

**Search** **WV"** **( 12. If** **a magistrate of the fh'st clan upon information receiv**

**rants and** **and after such enquiry (if any)** **as** **he** considers necessary h

**poweh' to** **reason to believe that the smoking of opium is going on Or is per.**

earc . mitted in any place or that any place is used for the purposes

an opium -smoking assembly. he ma y after re cording hi. reese

**1. Section :0 hal been IUbtritUted by AMaro Act II of 19M.**


-----

###### m oCl927.] 263

**issue a warrant to an officer of the Excise Department not** **below**

the rauk of[a Sub-Inspectorj l or of the Police Department not

below the rank of a Suo-Inspector or officer in charge of a police
**station authorising him:-**

(a) to enter such place by day or nigh t with any penon!

**whose assistance such officer rnay consider** **necessary ;**

_(b) to search all parts of such place in_ which such officer

**has reason to believe that any opium or any apparatus**
**for the preparation of opium or for opium-s moking is**
concealed and all or any persons whom he n:ay find in
such place;
_(c) to arrest any person found in such place who m he has_

reason to believe to be guilty of an offence under this
**Act;**
_(d) to seize all opium and apparatus for opium -smoking_
or for the preparation of opium which may be found
in such place.) . .
13. The provision, or the Code of Cri minal Procedure, 1898, ;1~~C=

**u amended, shall apply to the execution of warrants issued and of CriininaJ**
searches made under section 12. Procedure,

**1898 to**

**watraDta aDd**
###### =he..

**14. Whenever any officer makes any arrest or seizure under ~:ninto~**

this Act, he shall, within forty-eight hours next after such arrest or of &rrnt or

lCizure, make a full report of all particulars thereof to hi. imrned- seizwe.
iate official superior ; and every person arrested and **thing seized**

shall be forwarded without unnecessary de lay and subject to the

**provisions herein contained as to bail to the officer by** **whom the**
**warrant was issued, or to the nearest police station.**
15. When any person arrested under his Act is prepared to!l&il ~

furni'h bail he 'hall be released on bailor, at the discretion of the secunty.
officer making the arrest on hi' own bond.
16. Every officer of the Police and Land Revenue Depart- Aid to Excise

**menu , every village headman or gaonbura and every village chau- officen.**
Jddar shall be bound to give reasonable aid to any Excise or Police

er in carrying out the provisions of this Act upon notice given

&ad request made.
17. On the conviction of any penon for an offence under this Confitcation

Act the Court may order tbat any opium or any instrument or "ond ~,":,c­

**apparatu..s in respect of, or by means of which** **such offence** has~::d **tIili:[um]**

**n committed or any receptacle, package or covering** **in which seised,**
**opium, instrument, or apparatus was found and any other**

tents of such receptacle, package or covering shall be confis-

cated or destroyed.

**( 18. No magistrate shall take cognizance of an offence punish- Cogniu ac:**

under this Act except on the complain t or report of the CoI- of offences ,


-----

# /

111 .0\ .. Op; .. OK I.'C A CT [Ao......

###### .
IIor I Cttt.lial I ~ . .. I Ii in II~ n )Un a ir the [C
###### ,,.. ( I p tn t,,",t
m

[                                                                                            -
. 0< e 'C...,..
a C. .I. ce D. r mt"'nt

o h H '

d _r_ .rs n it the prn

t                                                                                                - ..J.~sha l:

under thi A

in
er

T rod<T ar m re ?'M" re prosecuted for
pardca to _. lra ~ m v. if for reason

r, ten fer to nv . ccused a pard

lull a.1 i t rue discl » re of all fdeb

c.

C" prit

comprle' t 1 • _C'_ d 1 [1]1 no ~

###### mcnt) .: r rt'" j 1 .n ft rce,

~rto ~~ I The r _Pr_ I I I (, .." _r_ It~ ~ may make rule
.....keru q rrf iJI t C' OJ t 01 I .\ct

###### • In "",rtic ular .-oJ wi t • [ pr .udice [ 0 the

the for oin . po. r ch ru \. -

_II_ rc:::'l.i, ~ = d, J' f : ur con ar ed u er

Ar t nd

... ~r U e th pav cn

a _wf_ r ,L.

I. '
fiI.••


-----

