The Assam Opium (Amendment) Act, 1933
lo c 1933] Assam O pium (A mendment) Act a

# ASSAM AC T 1 OF 1933

T11E ASSAM OPI UM 'AMEN DM EN T)

ACT. 1911*

(Published iu the _Assam_ _G« •(._ ot the 7th Jun e 1933)

_A_ _ii_ _Act !o ani’inl liii Oftiw Act,_ _187ft_

Whereas it is exjxidici:; to amend the Opium

Act I

° .Acts 1878, in its ap plication o A; atn fot ihe purpose,

1878.

hereinafter appearing :

It is hereby ciiar.tr; as lb'                   -

1. This Aci may bt, c It J the Assam Opium Sharttitle

(Amendment) Act, 1933.

Ac l 1 of 2. In section 9 of iht ■ \ inn .t l, 1878 (herein ­ Am endment

1878.

after rcfcnctl as the prim \ a! Act)— of section 9

of Act I of

(») for the word “. n c nviction before a 1878.

Magistral' " and ’the convicting Magi -

ira te” tin: ’ • • | . [, :] m conviction” a <1

“ the convict iig Court” respectively,

shall bi substituted.

(») for the wo rds "fo t a term whit 'i may extend

to one y at < with ft which may

extend to one lie mainl rupees, or with
troth” there shall be : bstitu lcd the

words '‘winch may extend to two years,
or with tine ot with both’

and

(itt) for the words “six month tli r words “one

year” shall be substituted.

3. After section 9 of tin: rinei rl . ..:t, the follow­ Insertion of

ing new section shall be m cd, namely:— new sections

9A, 91i, 9C.

9A. Whoever having been convicted cf an offen­ 9D. 9E , and

ce punishable under section 9 is again guilty of an 9F.
offence under that section shall be subject lor every Entranced
such subsequent oflbnce to imprisonment which may punishment

after prev i­

extend to lour years or to lmc. ous convic

lion .

9.B. (I) Whenever an y p u -n i is convicted of an Security for

ollence punishable un de r section 9 and the Court abstaining
convicting him is of opm tb..[:] it is necessary to[,r o iu Co]"[im ,s]            -

requirc such Person to execute t bond lor abstaining t a ;u 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 sun. pro portionate 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 Statem ents ot objects and Rcagcus. -irr .I wotii _Gazette_

1932, Par t V, page 39, for Report of Select Comm ittee

_see Assam_ _Gazette. 1932._ Pa rt V, p.'ges 73—76, _tqr_ Proceedings

in Co uncil, _see Assam Ca cells 1932, Part VI pages_ 808-825-836,

J 122, _see Assam_ _Gazelle 1933, Part VI, page 01,_


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## T2 A ssam O pium (A mmindm en t) Act [A ssam A c t,

2. The bund shall be in the form contained in Act V **of**

the schedule and the provisions of the Code of Cri­
minal Procedure, 1898, shall, in so far as they arc

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 tu be executed under ^ciV of
section 106 of that Code. 1393

(3) If the conviction is set aside on appeal or

otherwise, the bond so executed shall become void.

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

ment for having the use of any house, room, enclosure, space

allowing
premises to vessel, vehicle or place, knowingly permits it to be
be used for used for the commission by any other person of an
the com­ offence punishable under section 9 shad be liable to

mission of the punishment provided in that section
an offence.

Im port, 9D. (1) When any opium has been imported

exp o r I, exported, transported or sold or is possessed by any
transport,
nianufar. - person on account of any oth er person, and such
lure, sale oth er person knows or has reasons to believe that such

or ixisscs- import, export, tran sport or sale was, or that such

sion by on possession is on his account, that opium shall, for the

person one
account o f pu'pose o f this Act, be deemed to have been imported,
anoth er. exported, transported or sold by, or to be in posses­

sion of such other person.

(2) Nothing in sub-sertion T) shall absolve any

person who imports, xporis, tra nsport, sells or has

possession opium on account oi another person from
liability to any punishment under this Act for unlawful

import, export, transports, sale or possession of opium.

Abeimeau 9E. Whoever attem pt to commit an offence and in

such attempt does any act towards the commission of
the offence punishable un de r section 9 or section 9C
shall be liable to punishment provided for the offence.

9F. Whoever abets an offence punishable under

tliis Act shall, wheth er such offence be or be not com ­ **Act X L V**

**of 1868.**

mitted in consequence of such abetment, an d notwith­
standing anything con tained in section 116 of the

India n Penal Code, be punished with the punishm ent
provided for the offence.

**Amend-** 4. In section 14 of the principal Act,—

**mail of sec­**

**tion 14** **of** (j) fo r the words “between sunrise and sunset’[1]

1 ° [r] there shall be substituted the word “ whe­

ther by day or by n ight’[1], and


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or 1933) **A** **ssam O pium** **vA** **mmendment A ot** 73

(ti) in clause (c) after the word “ opium ”

where it occurs for the second time the

following words shall be added, na mely:—

“ and any document or odter article which

E a s t e r n he has reason to believe may furnish evi­
Bengal an J
Assam Act dence of the commission of an offence

1910. punishable under this Act or under the

Act II of Eastern Bengal and Assam Excise Act, 1910

1930. or under the Dangerous Drugs Act, i930 ” .

5. In section 15 of the principal Act— Amendment

                                                               - of section 15

(/) after the word “ opium” at the end o f clause **of Act I » f**

_(a) there shall_ be added the following

words, na mely:—

“and any document or other article which lie

has reason to believe may furnish evidence

**K a s t e r n** of the commission an offence punishable
**Bengal and** under this Act, or under the Eastern Bengal

**Assam Act I** and Assam Excise Act, 1910, or under the

**1910.**

**Act** **II** **of** Dangerous Drugs Act, ,9 30;” and

**1930.**

(it) in do se _(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 princ iple Act the follow- Insertion of

ing new section shall be inset ted, namely :— **n e w section.**

“20A. (I) Th e [State Government]! may invest )[>o wcr ] lo

any officer **o f** the Excise Departm ent, not below the J^officcr
rank of Sub-Insp ector or any class of such officer, with u [j,|]l

the powers of an officer in charge of a police station **wer» of an**

for the investigation of offences under this Act. o ® [c e r]
in-c h arge

of a Police
station.

(2) Any conlession made to or whilst in the custo­

dy 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, name ly: —

1 Substituted by the A. O. 1950 for Provincial Government

which was substituted by the A. O. 1937 for “ L.G'*.


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SCHEDU LE

**BOND TO ABSTAIN FROM TH E COMMISSION OF OFFENCES**

**UN DE R TH E ASSAM OPIU M (A MEN DM EN T) A C T ,** 1932

_(See Section 9B)_

Whereas I

(name ), inhabitant of

(place) have he m called upon to enter into a bond to

abstain from the commission of an offe..cc under sec­
tion 9 of the India n Op ium Act, I878, for the term
of

I hereby bind myself not to com mit any such

offence during the said term and, in case of my making
default therein. 1 hereby bind myself to forfeit to

[Government] 4 the sum of rupees

_Dated this_ _day of_ 19

(Si/na/ure).”

(Where a bond with securities is to be executed,

_add—) We do hereby declare ourselves sureties for_
the abovenamed th at he will abstain from the

commission of an offence urd cr section 9 of the Indian
Opium Act, 1878, during the said term ; an d, in

case of his making default, therein, we b ind ourselves,

jointly and severally, to f irfeit to [Gove nment] [A]

the sum of rupees

_Dated this_ _’_ _day_ 19

_(Signature)"_

1 Subiilutcd by the A. O. 1950 for ‘H>» Majesty the king,

Emperor of India ’.


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