The ASSAM OPIUM PROHIBITION (SECOND AMENDMENT) ACT, 1948
## ASSAM ACT I OF 1949

THE ASSAM OPIUM PROHIBITION (SECOND

AMENDMENT) ACT, 1948

(Passed by the Assembly)

[Received the assent of the Governor on the 11th
### January 1949]

[Published in the Assam _Gazette_ of the 19th January 1949)
_An_ _._

_Act tojut·ther amend_ _the_ _Assam Opium Prohibition Act, 1947_

Preamble. WHEREAS it is expedient to amend -further the Assam Assam Act

1 of
Opium Prohibition Act, 1947, for purposes hereinafter f9~J~

appearing;

It is hereby enacted as follows:-

Short liue. 1. This Act may be called the Assam Opium Prohibi·

tion (Second Amendment) Act, 1948.

Commence- 2. It shall come into force at once.       -
ment.
Extent. 3. It shall have the like extent as the Assam Opium Assam Act

of

Prohibition Act; 1947, hereinafter referred to as the "Princi- ~~~II
pal Act."              -

Ameudmeul 4. In section 5 of the Principal Act, after clause _(d) ( ii),_
of section [5 ] the following proviso shall be inserted :-
of Assam
Act XXIII
of 1947. "Provided that an accused, who is found on evidence
to be a smuggler of opium or a seller of opium, shall not
receive a sentence of less than two years' rigorous imprison· ·
ment and fine."

A111endment 5. In section 7 of the Principal Act,
of section 7
ef Act XXIII Assam ( ') z a f' ter t e h wor d s "ten years , t e ,, h wor d s "an d fi ne' ' ,
of1947. shall be added, and

(ii) the following proviso shall be inserted thereafter :--

"Pro~ided that an accused who is found on evidence

to be a smuggler of opium or a seller of opium shall not .
receive a sentence of less than three years' rigorous imprison-
ment and fine."

Amendment 6. After section 10 of the Principal Act, the following
of section 10 shall be added as a new paragraph:-
of Act XXIII Assam "Wh oever, k nowmg . or h avmg . reason to b l' e 1eve- t h at
of 1947. an offence has been committed under this Act, causes any'
evidence of the commission of that offence to disappear or
gives any information respecting the offence with the inten·

tion of screening the offender from punishment under the
Act, or with that intention gives any information respecting
the offence which he knows or believes to be false, shall be
punished with the punishment provided for the offence."

[ _Price 1 anna_ _or_ _1 d._ ]


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2

Amendment 7. In section 16 of the Principal Act, the "comma"

o~ section 16 afte.r the words "smuggler of opium" shall be deleted and

~ct ~in the words "or a seller or stockist of opium" shall be inserted

of 1947        - thereafter.

Insertion of 8. After section 38 of the Principal Act, the following
new sec- new section shall be inserted :-
tion 39 to
Assam Act "39. Notwithstanding the provisions of section 497
XXIII of of

1947. of the Code of Criminal Procedure, 1898, no person tac:a V

accused of a non-bailable offence under this Act, shall be            -

released on bail by any Court without hearing the pro-

secution of which due notice shall be given : provi-

ded that all orders shall give reasons for which bail is
given."

A. G. P. (Leg.) No.3f49-500+S00-12-5-1949


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