THE DANGEROUS DRUGS ACT, 1930.

-
CONTENTS.

CHAPTER I.

PRELIMINARY.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Calculation of percentages in liquid preparations.

PROHIBITION
AND CONTROL.

4. Prohibition of certain operations.

5. Control of Governor General in Council over productioa
and supply of opium.
6. Control of Governor General in Council over manu-
facture of manufactured drugs.
7. Control of Governor General in Council over operations
at land and sea frontiers.
8. Control of Local Government over hternal traffic in
manufactured drugs and coca leaf.
9. Control of Local Governineut over external dealinge i~
dangerous drugs.
.-

CHAPTER 111,

OFFENCES AND PENALTIES.

10. Punishment for contravention of section 4,
11. Punishment for contravention of section 5.
12. Punishment for contravention of section 6.
13. Punishment for contravention of section 7.
14. Punishment for contravention of section 8,
15. Punishment for allowing premises to be used for com-
mission of an offence.
16. Enhanced punishment for certain offences after previous
co~iviction.
17. Enhanced
1
 SECTIONS.
17. Enhanced punishment for offence under section 15 after
previous conviction.
18. Security for abstaining from commission of certain
offences.
19. Penalty for contravention of section 9.
t 20. Attempts.
21. Abetments.

CHAPTER IV.
PROGEDUR~;:.
22. I'ower to issue warrants.
23. Power of entry, search, seizure and arrest without
warrant.
24. Power of seizure and arrest in public places.
25. Mode of malting searches and arrests.
26. Obligation on officers to assist each other,
27. Report of arrests and seiznres.
28. Punishmeslt for vexatious entry, search, seizure or
arrest.
29. Disposal of persons arrested and of articles seized.
30. Power to invest Excise officers with powers of an officer
in charge of a police station.
31. Jurisdiction to try offences.
32. Presumption from possession of illicit articles.
33. Liability of illicit articles to confiscation.
34. Procedure in making confiscations.
35. Power to make rules regulating disposal of confiscated
articles and rewards.

CHAPTER V.

36. Provisions regarding rules.

37. Recovery of sums due to Government.
38. Application of the Sea Customs Act, 1878.
39. Saving of local and special laws.
40. Amendment of certain enactments. - 1
41. Saving of things already done. 1
SCHEDULEI.--Porm of bond to abstain from the commission of A
offences under the Dangerous Drugs Act, 1930.
SCHBIDULB~ ~ , - ~ m e n d & e ~ loft s local Acts.
 (Eeceiwed the assent of the Governor General on the Is0
March, 1930.)

An Act to c e ~ f a l i s eand vest in the Governor General in Council

the control over certain operations relating to dangerous
y drugs and to increase and render uniform throughout British
hdia the penalties for offences relating to such operations.

wH" REAS India participated in the Second International

Opium Conference, which was convoked in accordance
with the resolution of the Assembly of the League of Nations
dated the 27th day of September, 1923, met a t Geneva on the
17th day of November, 1924, m d on the 19th day of Pebruary,
1925, adopted the Conyention relating to Dangerous Drugs
(hereinafter referred to as the Geneva Convention);
I
[Link] WHEREAS India wa8 a State signatory to the said -
Q-enwa Convention ;
AXD WHEREAS the Contracting Parties to the said Geneva
Convention resolved to take further measures to suppress the
ontrababand traffic in and abuse of Dangerous Drugs, especially
those derivedfrom opium, Indian hemp and coca leaf, such
asures being more particularly set forth in the Articles of
e said Geneva Convention ;
AND'WHERKAS for the effective carrying out of the said
measures it is expedient that the control of certain operations
relating to Dangerous Drugs should be centralised and vested
in the Governor General in Council;
AND WHEREAS it is also expedient that the penalties for
certain offences relating to Dangerous ~ r u shouldp be in-
creased, and that all penalties relating to certain operations
should be rendered uniform throughout British India;
I t is hereby enacted as followt~.: -

!. CHAPTER I..
 Dangerous brugs. [ACT PI.

(Chapter I.-Preliminary. )

(2) It o-xtexnds to tho whole of British India, including

British Balnchistan and the Sonthal Parganss.
(3) It shall come into force on such date as the Governor
General in Council may, by notification in the Gazette of India,
appoint.
l)s~~n~tloas. 2. I n this Act, unless there is anything repugnant i n the
subject or coptext,--
(a) " coca leaf " means-
(i) the leaf and young twigs of any coca plant, that is,
of the Erythroxylon coca (Larnk.) and the
Erythrosy lorn novo-granatense (Iliern.) and. their
varieties, and of any other species of this genus
which the Governor General in Council may, i)y
notification in the Gazette of India, declare io be i
coca plants for the purposes of this Act ,; and I

(ii) any mixture thereof, with or without neutral

materials ; .1I
I

but does not include ally preparation containing not

more than 0.1 pei: cent. of cocaine;
(b) " coca derivative " means-
(i) crude cocaine, that is, any extract of coca leaf
which can be used, directly or indirectly, for the
manufacture of cocaine ;
(ii) ecgonine, that is, lzevo-ecgonine having the
chemical formula C,H,,NO,. H,O, and all the
derivatives of laevo-ecgonine from which it can be
recove~ed;
(iii) cocaine, that is, methyl-benzoyl-lzvo-ecgonine
having the chemical formula C,,H,,NO,, and its
salts ; and
(iv) all preparations, official and non-official, contain-
ing more than 0.1 per cent. of cocaine;
(c) " hemp " means-

(i) the leaves, small stalks and flowering or fruiting

tops of the Indian hemp plant (Cannabis sativa
L.), including all forms k ~ l o w nas bhang, siddhi,
or ganja;
(ii) charas,
 - . --- --- ----. -- - ---- -
3
1
>.'

i
OB 1930.1 Dangerous Drugs.
(Chapt-er I.--Preliminary.)

(ii)charas, that is, the resin obtained from the Indian

homp plant, 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
any of the above forms of hemp or any drink
prepared therefrom;
(d) " medicinal hemp " means any extract or tincture of
hemp ;
( e ) " opium " means-
(i)the capsules of the poppy (Papaver somniferum
h.1;
(ii)the spontaneously coagulated juice of such capsules
which has not been submitted to any manipula-
tions other than those necessary for packing and
transport ; and
I
-5
(iil:)any mixture, with or without neutral materials, of 1
any of the above forms of opium ; ' . 1
but does not include any preparation containing not
more than 0.2per oent. of morphine;
I (f) " opium derivative " means-
(i)medicinal opium, that is, opium which has -under-
gone the processes necessary to adapt it for
jjl
medicinal use in accordance with the require-
ments of the British Pharmacopceia, whether in
powder form or granulated or otherwise or mixed
ij9 5 with neutral materials ;
(ii)prepared opium, that is, any product of opium
:I
obtained by any series of operations designed to
! transform opium into an extract suitable for
smoking, and the dross or other residue remain-
$ ing after opium is smoked;
(iii)morphine, that is, the principal alkaloid of opium
having the chemical formula (J,,H,,NO,, and its
salts ;
(iu) diacetylmorphine, that is, the allraleid, also h o w n
as diamorphine or heroin, having the chemical
formula C,,H,,NO,, and its salts; and
(v) a11
6
 Dangerous Drugs. [ACT 11

([Link] I.-Prelidnary . )

p (w) all preparations, officinal and non-officinal, contain-

ing more Chan 0-2per cent. of rnorpllinei or coa-
taining any diacetylmorphine ;
(g) " manufactured drug " includes-
(i) all coca derivatives, medicinal hemp and opium
derivatives ; and
(ii) any other narcotic substance which the Govcrnor
General in Council may, by notification in the
Gazette of India made in pursuance of a recom-
mendation under Article 10 of the Geneva Con-
vention, declare to be a manufactured drug;
but does not include any preparation which the
Governor General in Council may, by notification
in the Gazette of India made in pursuance of a
finding under Article 8 of the Geneva Convention,
declare not to be a manufactured drug;
(h) " dangerous drug " includes coca leaf, hemp and
opium, and all manufactured drugs;
(i) " to import into British India " means, subject to tho
provisions of clause (j), to bring into British India
by land, sea or a i ~ ;
( j ) " to import inter-provincially " means to bring into
one province from another, and includes-
(i) the bringing of a dangerous drug into a province
from any territory of a Prince or Chief in India
. . which is adjacent to or enclosed by the territories
of such province, which the Governor General in
Council may, by notification i n the Gazette of
India, declare to be inter-provincial import; and
(ii) bringing into one province from another, in the
course of a continuous journey, by sea or through
the territory of a Prince or Chief in India;
(k) " t o export from British India " means, subject to the
provisions of clause ( I ) , to ta3keo u t of Rritish India
bJ land, sea or air ; ,
(1) " to export inter-provincially " means to take out of
one province into another, and includes-
(i) the taking of a dangerous dlwg out of a province
r
into any territory of a Prince or Chief in India
1 mbicb
 OF 1930.1 Bai~gerousDrugs.
(Chapter Z.-PreZi~~izinarY. C k a p t e ~ TI.--PYo hibition and
Control.)

which is adjacent to or enclosed by the territories

of such province, which the Governor General in
Council may, by notification in the Gazette of
India, declare to be inter-provincial export; ancl
(ii) taking out of one province into another, in the
course of a continuous journey, by sea or through
the territories of a Prince or Chief in India;
(m) " to transport " means to take from one place to
another in the same province; and
(n) " territory of a Prince or Chief in Tndia " includes
any territory in which the Governor General in
Council exercises powers or jurisdiction by virtue
of the Indian (Foreign Jurisdiction) Order in
Council, 1902.
3. The Governor General in Council may make rules pre- cslcalatlon
of percentagee
scribing the method by which percentages in the case of liquid inllqnjd pre-:
perations.
preparations shall be calculated for the purposes of clauses ( a ) ,
(b), (e) and ( f ) of section 2 :
Provided that, unless and until such rules are made such
percentages shall be calculated on the hasis that a preparation
containing one per cent. of a substance mcans a preparation
in which one gramme of the substance, if a solid, or one milli-
1
litre of the substance, if a liquid, is contained in every one
hundred millilitres of the preparation, aucl so in proportion
for any greater or leqs percentage.

CHAPTER 11.
PROHTDITION AND CONTROI,.
4. NO one shall- Prohibition of
certah opera-
i
( a ) cultivate ally coca plant, or gather any portion of a tiom.
I coca plant,
(b) manufacture or possess preparecl opium, unless i t is
prepared from opium lawfully possessed for the con-
sumption of the person so possessing it, or
(o) import into British India, export from British India,
tranship or sell prepared opiunz : . - Y: mi

Provided that this section shall not apply to the cultivation

of any coca plant or to the gathering of any portion thereof
on behalf of Goternment.
5. (1) No
7
 Dangerous Drugs. [ACT 11

(Chapter 11.-Prohibition and Control.)

i
1
I
Contra1 of
Governor
5. (1) No one shall- I
Qeneral in (a) cultivate the poppy (Y~~pn-aer
sorn,nifsr~snzi d . ) , or
S)puncU over
protlnotloP
j - - - a

and supply OP ( b ) manufacture opium,

oplum.
save in accordance with rules made under sub-section (2) and
with the conditions of any licence for that purpqse which he
may be required to obtain under those rules. i
(2) The Governor General in Council may make rules
permitting and regulating the cultivation of the poppy
(Papaver somniferum L.) and the manufacture of opium, and
such rules may prescribe the form and conditions of licences
for such cultivation and manufacture, the authorities by which
such licences may be granted, the fees that may be charged
therefor, and any other matter requisite to render effective the
control of the Governor General in Couilcil over such cultiva-
.tion and manufacture.
( 3 ) The Governor General in Council iizay also make rules
permitting and regulating the sale of opium from Government
factories for export or to Local Governments or to manufactur-
ing chemists.
Control of 6. (1) No one shall manufacture any manufactured drug,
Governor
General in other than prepared opium, save in accordance with rules made
CounoU over
manufacture
of manufactured
under sub-section (2) and with the conditions of any licence
druga. for that purpose which he may be required to obtain 'under
those rules.
(2) The Governor General in Council may make rules
permitting and regulating the manufacture of manufactured
drugs, other than prepared opium, and such rules may pre-
scribe the form and conditions of licences for such manufac-
ture, the authorities by which such licences iliay be granted
and the fees that ]nay be charged therefor, and any other
matter requisite to render effective the control of [Link] Governor
General in Council over such manufacture.
(3) Nothing in this section slzall apply to the manufacture
of medicinal opium or of preparations containing morphine, I
diacetylmorphine or cocaine from materials which the maker
is lawfully entitled to possess.
Control of
Governor
7. (1) No one shall- I
General in
CouncU over
0' eratiom
af land and
sea frontiers.
(a) import into British India,
(b) export from British India, or
(c) tranship '-
i I

any ;\
B;
03 1930.1 Dangerous Drugs.
(Chapter 11.-Prohihztion and Control.)

a n y dangeroaaAdrug, other than prepared opium, save in

accordance with rules made under sub-section ( 2 ) and with the
conditions of any licence for that purpose which he may be
required to obtain under those rules.
( 2 ) The Governor General in Council may make rules
permitting and regulating the import into and export from
British lndia and the transhiplnent of dangerous drugs, other
-than prepared opium, and such rules may prescribe the ports
or places at which any kind of dange,rous drug may' be im-
ported, exported or transhipped, the form and conditions of
licences for such import, export or transhipment, the authori-
ties by which such licences may be granted, the fees that may
be charged therefor, and any other matter requisite to render
effective the control of the Governor General in Council over
.such import, export and transhipment.
8. (1) No one shall- control oi
-1 Govern-
ment o ~ e r
( a ) import or export inter-provincially, transport, [Link] t r a ~ e
Jn manufac-
or sell any lnanufactured drug, other than preparedwed awB
and coma leaf.
opium, or coca leaf, or
( b ) manufacture medicinal opium or any preparatibn con-
taining morphine, d i a ~ e t ~ l u l o r p h i nore cocaine,
save in accordance with rules made under sub-section (2) and
with the conditions of any licence for that purpose which he
may be required to obtain under those rules.
( 2 ) The Local Government may, subject to the control of
the Governor General in Council, make rules permitting and
regulating-
(a) the inter-provincial iinport and export into and from
the territories under its administration, the trans-
port, possession and sale of manufactured drugs,
other than prepared opium, and of coca leaf; and
( b ) the manufacture of medicinal opi~lrr,or of ally prepar*
tion containing rnorplrine, diacetylmorphine or
cocaine from materials wllich the maker is lawfully
entitled to possess.
Such rules may prescribe the form and conditions of
licences for such import, sxpoi.t, transport, possession, sale and
~nanufacti~re, the authorities b i which such licences may be .
granted aild the fees that map be clia~agedtherefor, and ally
other
9
 Dangerous Drugs. ,

I. and Control. Chapter III.--

import, export, transport, posses-

sion, sale and m a n ~acture.
f
(,3) Save in so far as may be expressly provided i n rules.
made under sub-section ( 2 ) , n o t l ~ i n gin this section shall apply
to manufactured drugs which are the p r o p e ~ t ~and y in the-
possession of Government :
Provided that such drugs shall not be sold or otherwise
delivered to [Link] person who, under the rules made by [Link]
I~ocalQovernment under this section? is not entitled to their

9. No one shall engage in or control any trade whereby

,ent,, a dangerous drug is obtained outside British India and.
external deal-
ing jn danger. silpplied t~ any person outside British India, save in accordance
ous drugs.
with the conditions of a licence granted by and a t the discretion
of the Local Government.
--
CHAPTER 111.
.. OFFENCESAND PENALTIES.

(a) cultivates any coca [Link] or gathers any portion of

a coca plant,
ssesses prepared opium otherwise
than as permit$ted'under section 4, or

sliall be punished with imprisonment which may extend to twv

gears, 01- with fine, or iyith both :

on beha,lf of Government.
Punbhrnont for
contravention
11. Whoever, in [Link] of section 5, o r any r ~ l l e
of section 5. made under that sect-ion, os of any condition of a licence

( h ) ma~lufacturesopium,
extend to two

!. 12. W h o e ~ e r
j L 10
!

> .-
i .

!
OF 1930.1 D a n g e ~ o u sDrugs.

(Chwp~eq.
111.-Offences and Per~alties.)

12. Whoever, in contravention of section 6, or any rule PMiahmcnbfor

contravention
made under that ~eolion,or ally condition of a licence granted of sectloll 0.
thereund~r, manufaoturcs any uariufactured drug, shall be
punished with impraisonment which may extend to two years,
or with fine, or with both.
13. Whoever, in contravention of section 7, or any rule ~ ~ ; ~ ~ g m
made under that section, or any condition of a licence grant- of section 7.
ed thereunder,
(a) imports into British Inilia,
(b) exports from British India, or
( c ) tranships ,

a n y dangerous drug, shall be punished with imprisonment

which may extend to two or with fine, or with both.
14. Whoever, in contraventioli of section 8, -or any rule P U ~ ~ W U ~ ~ O ~

made under that section, or any condition of a licence issued contravention

ofsectione.
fhereunder,
( a ) imports or exports inter-provincially, transporbs,
possesses or sells any manufactured drug- or coca
leaf, or
(6) mai~ufacturesmedicinal opium or any preparations
containing morphine, diacetylmorphine or cocaine,
shall be punished with imprisonment which may extend to two
years, or with fine, or with both.
15. Whoever, being the owner or occupier or having the Punishmentfor
allowing' re-J
use of any house, room, enclos~lre, spaoe, vessel, vehicle, or mlswmge,
used for the '
place, knowingly permits i t to be nsed for the col-urnission by commi4sionor
any other person of an offence punishable under section 10, an offence.
section 12, section 13, or section 14, shall be punished with
irnImisonment which may extend to two years, or with fine, or
with both.
16. Whoever, having 6een convicted of an offence Enhaneed
puniehable under section 10: section 12, section 13, or section fpunlsbment
or certain
offencea
14, is guilty of any offence punishable under any of those af her previouq
sections, shall bp subject for every such subsequent offence to Conviction.
i~aprisonmerltwliich may extend to four years, or to fine, OT
t o both.
1% whoever, having been convicted of an offence puni- Enhanced
punlahment for
shable under section 15, is again guilty of an offence punishable offence under
section 15 after
under that section, shall be subject for every such subsequent previous con-
viction.
offence
 Dangeroz~sDrugs. [ACT IT

(Chaptei~111.-Offe~zces and Penalties.)

- offence to imprisonment which may extend to four years, or to
fi~le,or to both.
18. ( I ) Whenever any person is convicted of an offence pun-
ishable under section 10, section 12, section 13, OT section 14,
and the Court convicting him is of opinion that it is necessary
to require such person to execute a bond for abstaining from
the commission of affeuces punishable under those sections, the
Court may, a t the time of passing sentence on such person,
order him to execute a bond for a sum proportionate to his
means, with or without sureties, for abstaining from the com-
mission of such offences during such period, not exceeding three
years, as it thinks fit to fix.
(2) The bond shall be in the, form contained in Schedule I,
and the provisions of the Code of Criminal Procedure, 1898, vof,iess,
shall, in so far as they are applicable, apply to all matters
connected with such bond as if it were a bond to keep the peace
ordered to be executed under section 106 of that Code.
(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
ponre~-sof revision.
penalty for
oontravention
19. Whoever engages in or controls any trade whereby a
of seation 0. dangerous drug is obbained outside British India and supplied
to any person outside British India, otherwise than in accord-
ance with the conditions of a licence granted under section 9,
shall be punished with fine which may extend to one thousand
rupees.

20. Whoover attempts to commit an offence punishable

under this Chapter, or to cause such an offence to be committed, I

and in such attempt does any act towards the commission of

the offence, shall be punished with the punishment provided
for the offence.

i,
P
21. (1) Whoever abets an offence punishable under this
Chapter shall, whether such offence be or be not committed in
consequence of such ahetment, and notwithstanding anything
-.
contained in section 116 of the Indian Penal Code, be punished XLviot l s e k
with the punishment povided for the offence.
(2) A person
12

-
 OF 1930.1 D a ~ t g e ~ o uDrugs..
s
(Chapter Ill.-Of ences and Penalties. Chapter IV.-
Procedure.)

(2) A person abets an offence within the meaning of thie

- section who, in British India, abets the commission of any act
in a place without and beyond British lndia which-
(a) would constitute an offence if committed within
British India ; nr
(b) under the laws of such place, is an offence relating
to dangerous drugs having all the legal conditions
required to constitute it such ail offence the same
as or analogous to the legal conditions reqnired to
constitute it an offence punishable under this
Chapter, if collziuitted within British India.
--

CHAPTER IV.

22. (I) The Collector, or other officer authorised by the rower to !sue
warrants.
Local Government in this behalf, or a Presidency Magistrate
or a Magistrate of the first class, or a Magistrate of the second
class specially empowered by the Local Government in this
behalf, may issue a warrant for the arrest of any person whom
lie has reason to believe to have committed an offence puni-
shable under Chapter 111, or for the search, whether by day
or by night, of any building, vessel or place in which he has
reason to believe any dangerous drug in respect of which an
offence punishable under Chapter 111 has been committed is
kept or concealed.
(2) The officer to whom a search warrant under sub-section
(I) is addressed shall have all the powers of an officer acting
under section 23.
23. ( I ) Any officer of the department of Excise, Police, P ~ w ; ; , " , ' ~ ~ ~ ,
Customs, Salt, Opium, or Revenue, superior in rank to a peon andarrestwith.
out w a n a h .
or constable, authorised in this behalf by the Local Govern-
ment, who has reason to believe, from personal lmowledge or
from information given by any person and taken down i n
writing, that any dangerous drug in respect of which an
offence punishable under Chapter I11 has been committed i s
kept or concealed in ally building, vessel or enclosed place,
may, between sunrise and sunset,-
(a)enter into any such building, vessel or place;
(b) in case of resistance, break open any door and remove
any other obstacle to such entry;
(c) seize
 Da~~gerous
Drugs. [ACT 11

(Chaptev IV.-P~ocedu~e.)

(c) seize such drug and all materials used in the manu-
facture thelGof and any other article which he has
reason to believe to be liable to confiscation under
section 33 and any document or other article which
he has reason to believe may furnish evidence of the
commission of an offence punishable under Chapter
I11 relating to such drug; and
(d) detain and search, and, if he think proper, arrest any
person whom he has reason to believe t,o have com-
mitted an offence punishable under Chapter I11
relating to such drug :
Provided that if such officer has reason to believe that a
search warrant cannot be obtained without affording oppor- 11
tunity for the concealment of evidence or facility for the I
escape of an offender, he may enter and search such building,
vessel or enclosed place at any time between sunset and I
I
sunrise, after recording the grounds of his belief.
(2) Where an officer talres down any information in writing
under sub-section ( I ) , or recorcis grounds for llis belief under
the proviso thereto, he bhall forthwith send a copy thereof to
his immedia ts official supelior.
Power of 24. Any officer of any of the departments mentioned in
eelewe and
&r@t in p u b h section 23 may-
glacas.
(a) seize, in any public plaue or in transit, an? dangerous
drug in respect of which he has reason to believe
. an offence punishable under Chapter I11 has been
committed, and, along with such drug, any other
article liable to confiscatiok under section 33, and
any document or other article which he has reason
to believe may furilish evidence of the commission
of an offence punishable under Chapter I11 relating
to such drug ;
(b) detain and search any person wlloni he has reason to
believe to have committed an offence punishable
I
under Chapter 111: and, if such person has any I
dangerous drug in his possession and such posses-
sion appears to him to be unlawful, arrest him and
any other persons in his company.
~ o d o - o fm a u n g
eearchea and
25. The prorisious of the Code of Criminal Prrocedure,
.-rests. 1898, shall apply, in so far as they are not [Link] with VOi1898.
the
 OF 1930.1 U a n g e ~ o u sDrugs.

( C h a p t e ~I V . - P ~ o c e d u ~ . e . )

the provisions of sections 22, 23 and 24, to all warrants issued

& :
+a and arrests and searches made u~lderthvve sections.
k 26. A11 oilicers of the several departments mentioned i n obljgatloneon
section 23 shall, upon notice given or request made, be legally officera to wfat
each other.
b bound to assist each other in carrying out the provisions of
g this Act.
,z7
27. Whenever any person m,akes any arrest or seizure a p o r t ot
Lflr

%- .under this Act, he shall, within forty-eight hours next after arrests and
seizures.
F ~
s t ~ c harrest or seizure, make a full report of all the particulars
of such arrest or seizure to his immediate official superior.
28. Any person empowered under section 23 or section 24 puniahm&fOr
vexatious entry,
who- search, aelzure
or arrest.
( a ) without reasonable grounds of suspicion, enters or
searches, or causes t o be entered or searched, any
building, vessel or place ;
(b) vexa,tiously .and unnecessarily seizes t h e . property of
anyperson on the pretence of seizing or searching
for any dangerous drug or other article liable to be
confiscated under section 33, or of seizing any
document or ot,her article liable to seizure under
section 23 or section 24; or
((1) vexatiously and unnecessarily detains, searches or
arrests any person,
eha.11 be punished with fine which may extend to five hundred
rupees.
29. (1) Every person arrested and article seized under a D ~ ~ ~ ~ ~ ~ I
warrant issued under section 22 shall be forwarded without ~ ~ ~ ~ ~ , $ ?
delay to the authority by whom .the warrant was issued; and sOiaed'
every person arrested and article seized under sectioll 23 or
section 24 shall be forwarded without delay to the officer in
.charge of the nearest police station or to the nearest officer of
the Excise Department empowered under section 30.
( 2 ) The authority or oficer to whom any person or article
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 article.
30. The Local Go~rernmentmay invest any officer of the Power to invest
Excise Department OY any class of such officers, with the
powers of an officer in charge of a police station for the investj- ~;Ezt
gation of offences under this Act. police station.
 (Chapter 2V.-Procedw~e.)

J~risdictionW 31. No Magist1:ate shall try an offence under this Act unless
try offences.
he is a Pre~[Link] or a Magistrate of the first class,
or a Magistrate UP the second class specially empowered by t h e
P
Local Government in this behalf.
Pr~eumptionl
from possession
32. I n trials under this Act it may be presumed, unless
of ificitarticles. and until the contrary is proved, that the accused has com-
mitted an offence under Chapter I11 in respect of-
(a) any dangerous drug ;
(b) any poppy or coca plant growing on any land which.
he has cultivated;
(c) any apparatus specially designed or any group of
utensils specially adapted for the manufacture of
any dangerous drug ; or
(d) any materials which have undergone any process,
towards the manugacture of a dangerous drug, or
any residue left of the materials from which a.
dangerous drug has been manufactured,
for the possession of which he fails to account satisfactorily. /
~[Link]
illlcit art1ciw%&
toconmcation.
,33.(I) Whenever any offence has been committed which
is punishable under Chapter 111, the dangerous drug, materi-
I
als, apparatns and utensils in respect of which or by means.
of which such offence has been committed, shall be liable to
confiscation.
(2) Any dangerous drug lawfully imported, transported,
manufactured, possessed, or sold along with, or in addition to,
any dangerous drug which is liable tp confiscation under
sub-section (I), and the receptacles, packages and coverings in
which any dangerous drng, materials, apparatus or utensils
liable to confiscation under sub-section ( I ) is found, and the
other contents, if any, of such receptacles or packages, and
the animals, vehicles, vessels and other conveyances used in
carrying the same, shall lilrewise be liable to confiscakion :
Provided that no animal, vehicle, vessel or other con-
veyance shall be liable to confiscation unless it is proved t h a t
the owner thereof knew that the offence was being, or was to
be or was likely to be, committed.
Promdm in 34. (1) I n the t,rial of offences under this Act, whether the
making con&-
cations. accused is convicted or acquitted, the Court shall decicle whe-
- ther anj7 article seized under this Chapter is liable to confisca-
tion
 D a n g e ~ o u sDrugs.
(Clzapter IV .-Procedu~e. Chapter V .-Miscallaneous.)

tion under section 33 ; and, if it decides that the article is so

liable, i t may order confiscation accordingly.
k"
t (2) Where any article seized under this Chapter appears.
t o be liable to confiscat~iooluuder sectioiz 33, but the person who
committed the offence in connection therewith is not known
k I
i or cannot be found, the Collector or other officer authorised ,
by the Local Government in this behalf, may inquire into and 1

decide such liability, and may order confiscation accordingly :

Provided that no order of confiscation of an article shall be
made until the expiry of 'one month from the date of seizure,
or without hearing any person who may claim any right there-
to and the evidence, if any, which he produces in respect of
his claim :
Provided, further, that, if any such article, other than a 1

dangerous drug, is _liable to speedy and natural decay, or if

the Collector or other officer is of opinion that its sale would I

be for the benefit of its owner, he may a t any time direct it to

I
be sold ; and the provisions of this sub-section shall, as nearly !
as may be practicable, apply to the net proceeds of the sale.
-
' ( 3 ) Any person not convicted who claims any right to
property which has been confiscated under this section may
appeal to the Court of Session against the order of confiscation.
35. The Governor General in Council may make rules to power to make
rules regulathg]
regulate- ~ P O S of~ I
conhcated
artlclea and
( a ) the disposal of all articles confiscated under this Act.7 rewards.
and
( b ) the rewards to be paid to officers, informers and other I
persons out of the proceeds of fines and confiscations
I
under this Act. 1

CHAPTER V

36. (1)All rules made under this Act shall be subject to ~rovisiom
'the condition of previous publication. 3E.-
(2) Rules made by the Governor General in Council shall
be published in the Gazette of India, and rules made by a
Local Government shall be published in the local official
Gazette or, where there is no local official Gazette, in the
Gazette of India. ,

( 3 ) Rules
17

I
 Dangerous Drugs. [ACT 11 :\
(Chapter V.-Miscellaneous.)

(3) Rules made by a Local Government shall not be in-

consistent with any rules mado by thc Governor General in
Council, and shall be voicl to the extent of any such incon- I
~i ten cy .
;
Becovery of
s u m due to
37. (1) Any arrear of any licence fee chargeable by any
Government. rule made under this Act may be recovered from the person
primarily liable to pay the same or from his surety (if any) :
as if it were an arrear of land-rmren~~e..
(2) When any person, in compliance with any rule made
I
under this Act, gives a bond (other than a bond under section
18) for the performance of any act, or for his abstention from
any act, such performance or abstention shall be deemed to be i

a public duty, within the meaning of section 74 of the Indian 1

Contract Act, 1872 ; and, upon breach of the conditions of such IX ot 1872. 1
bond by him, the whole sum named therein as the amount to
be paid i n case of such breach may be recovered from him or
from his suret; (if any) as if it were an arrear of land-revenue. I
I
Appll~tlou 38. All prohibitions and restrictions imposed by or under i l
of the Sea
@ustoms Act, this Act on the import into British India, the export from
1878.
~ r i t i s hIndia, and the transhipment of dangerous drugs, shall
be deemed to be prohibitions and restrictions imposed under
section 19 or section 134 of the Sea Customs Act, 1878, and the VIII of 1878
provisions of that Act shall apply accordingly :
Provided that, where the doing of any thing is an offence
punishable under that Act and under this Act, nothing i n that
Act or in this section shall prevent the offender from being
punished under this Act.
Saving of local
and special
89. (1) Nothing in this Act or in the rules made there-
laws. under shall affect the validity of any enactment of a local
Legislature for the time being in force, or of any rule made
thereunder, which imposes any restriction not imposed by or
under this Act, or imposes a restriction greater in degree than
a corresponding restriction imposed by or under this Act, on
the consumption of or traffic in any dangerous drug within
British India. I

(2) Nothing in this Act or in the rules made thereunder

shall affect the validity of the Opium Act, 1857 : XIII of 1867.
Provided that, where the doing of any thing is an offence
punishable under tbat Act and under this Act, nothing in that
Act or in this sub-section shall prevent the offender from being 1
punished under this Act.
40. The \
 40. The [Link] specified in the first three columns of izgrt
Schedule I1 are hereby amended to t,he extent and in the enactments.
mnnnar mentioned in tlie luurlh column thereof.
41. When anything done ~inderany enactment specified i n !~"",g;;~~~
the first three columns of Schedule T I is in force immediately done.
prior to the comnlencement of this Act, it shall be deemed,
as from the colnmcncement of this Act, tO have been done
under this Act or under that enactment as hereby amended, as
the case may require.

SCHEDULE I.
BONDT O ABSTAIN 1.'ROM THE C O M M I S S I O N Ol?' OFFENCES UWDER
THE DRUGSACT,1930.
DAWGE~ZOUS
(See section 18.)
Whereas I (na?ne), inhabitant of (place), have been called
upon to enter into a bond to abstain from the commission of
offences ~ m d e rsection 10, section 12, section 13 and section 14
of the Dangerous Drugs Act, 1930, for the term of ,I
hereby bind myself not to corninit any such offence during the
said term nncl, in case of rujr malring default therein, I hereby
bind myself to forfeit to His Majesty the Emperor of
Inclia; the s ~ l mof rupees

Datecl this clajr of 19 .

W e clo hereby declare ourselves sureties for the above-

named that he \r-ill abstain from the
commission of offences under section 10, section 12, section 13
and section 14 of the Dangerons Drugs Act, 1930, during the
said term; and. in case of his making default therein, we
bind ourselves. jointly and severallj~,to forfeit to His Majesty
the Rinx. J3n3peror of India, the sum of rupecs

Dated this day of 19 .

 (Schedn~le11.-dnaendsnents of local Acts .)

SCHEDULE 11.
AME;NDMEBTS
OH LOCAL ACTS.

f (See section 40.)

Acts of t h e Governor General in Council.
k-
Year. I No. I -
Short title. 1 Amendments.

The Opiuin Act, 1878 I n section 3,-

( a ) for the dehition of "opium " the
following dehit,ion shell be sub-
stituted, namely :-
" ' opium ' means-
(i) the capsules of the poppy ( P a p a u e ~
somniferum L.) ;
(ii) the spontaneously coagulated
juice of such capsules which
ha6 not been submitted to any
manipulations other than those
necessary for packing and trans.
port ; and
(iii) any mixture, with or without
neutral materials, of any of the
above forms of opium,
!
but does not include any p~vpara-
tion containing not more than 0.2
per cent, of morphine, or a
manufactured drug as d e h e d in
section 2 of the Dangerous Drugs
Act, 1930 "; and
( b ) for the definitions of " import " and
" export " the following definitions
shall be substituted, namely :-

/ '' ' import ' means to import inter-

provincially, as d e h e d in clause

1 ( j ) of section 2 of the Dangerous

Drugs Act, 1930 ;

Ii ' export ' means to export inter-

provincially, as d e h e d in clause
(1) of section 2 of the Dangerous
I Drugs Act, 1930 ; and ".
I ~n section 4;-
1
I
( a ) clauses ( a ) and ( b ) shall be omitted ;
and
( b ) clauses ( c ) , (d), (e) and (f) shall be
,/ re-lettered as clauses ( a ) , ( b ) ,(c) and
(d), respectively.
OF 1930.1 Dangerous Druys.
(Schedule 12.-Amendments of local Acts.)

Acts of the Governor General in C o u n c i d c o n t d .

Yew. 1 No. 1 Shomtitle.

I Amendments.

The Opium Act, 1878 In section 5,-

--c~ntd. ( a ) clawes ( a ) and ( 6 ) shall he omitted ;
( 6 ) clauses ( c ) , ( d ) , ( e ) and ( f ) shall be
. re-lettered as clauses ( a ) , ( b ) , ( c ) and
(a),respmtively ;and
( c ) in the proviso, fo;, the word and
figure " section 6 the words and
figures "the Dangerous Drugs Act,
1930 " shall be substituted.

( Section 6 shaIl be omitted.

I n section 9,-
( a ) clauses ( a ) and ( 6 ) shall be omitted ;
and
( 6 ) clauses ( c ) , ( d ) , (e), ( f ) and (g) shall be
, re-lettered as clauses ( a ) , (b), ( c ) ,
Id) and (e), respectively.
In section 11,-
( a ) clauae ( a ) shall be omitted ;
( b ) in clause (c),'for the word, brackets
and letters ( d ) or (el'" the word.
brackets and letters ( 6 ) or ( c ) "
shall be substituted ;
( c ) in clause If),for the letter and
brackets (f!," the letter and
brackets " ( d ) shall be substituted;
and
( d ) clause ( b ) ,and clauses ( c ) and (d) as 6 0
amended, shall be re-lettered as
clauses ( a ) , ( b ) and ( c ) , respectively.
I n section 14,-kc
(a) the word mandactured," shall be
omitted ; and
( b ) in clause (c), the words " and all
materials used in the manufacture
thereof " shall be omitted.
Section 22 shall be omitted.
In section 25, after the words '' any
specified descriplion'? the words "or
where the import or exporl into or from
British India of goods of any specsed
descriptiou has been prohibited or
restricted by or under any other enact-
ment for the time being in force " shall
be inserted.
 Dangerous DI ugs. [ACT II

(Schedule 11.-Amendments of local Acts.)

Regulation b y the Governor General in Council.

-
1915 I 1
1 The Excise Regula-
tion, 1915.
( a ) for the definition of "export" in
--

clause ( 8 ) , the following definition

shall be substituted, namely :-
( 8 ) ' export ' means to take out of the
' I

province :
Provided that, in the case of intoxi-
cating drugs specxed in sub-
ckuses ( d ) , (ii)and (%'id)
of clause
( I I ) , it means to export inter-
provincially, as d e k e d in clause
( 2 ) of section 2 of the Dangerous
Drugs Act, 1930 " ;
(b) the definition of "hemp plant " in
clause ( 9 ) shall be omitted ;
( e ) for the dohition of "impoM" in
clause ( l o ) , the following dehition
shall be substituted, namely :-
" (10) ' import ' means to bring into
the province :
Provided that, in the case of intoxicat-
ing drugs specified in sub-clauses
(i),(ii)and (iii)of clause ( I I ) , it
means to import inter-provinoiaUy,
as defined in clause ( j ) of seetion 2
of t;,e Dangerous Drugs Act,
1930 ;
(d) for t k definition of " intoxicating
drug in clause ( l l ) ,the foll~ming
dekition shall be substituted,
namely :-
I
i I '' (11) ' intoxicating drug ' means-
( d ) the leaves, small stalks and
flowering or fruiting tops of the
Indian hemp plant (Cannabis
sativa L.), including all forms
known as bhang, siddhi, or
ganja ;
(ii)c h ~ a sthat, is, the resin obtain-
ed from the Indian hemp plant,
which has not been submitted
to any manipulations other
than those nece'esary for pack-
ing and transport ;
( i d d ) any mixture, with or without
neutral materials, of any of the
above forms of hemp or any
drink prepared therefrom ;and
OF 1930.1 Dungerous Drugs.
(Schedula1Z.-Amendments o j local Acts.)

Regulati,on b y t71,e Governor General in Council--contd.

The Eixciae Regula- ({v) a n y other intoxicating or

tion, 1 9 l M n t d . narootric substance which the
Chief Commissioner ma by
notification,. declare to ?e an
intoxicating drug, suoh sub-
stanoo not being opium, coca
leaf, or a manufacture drug,-as- ---------
_ d e f t n e d 3 d of the
Dangerous Drugs Act, 1930 ;"
( e ) for the definition of " transport " in
clause (29), the following definition,
shall be substituted, namely :-
" (19) ' transport ' means to move
from one place to anothor within
tho province ; provided that im-
port and export from British
Baluchistan from and to the
territories administered by the
Agent to the Governor General
in Baluchistan as such Agent shall
be deemed to be transport ".
Section 3 shall be omitted.
I n sections 13, 33 and 50, the words " or
ooca", wherever they occur, shall be
omitted.
Tn olauso (d) of sub-seyvon (1) of section
30, after the words of any offence",
where tfZoy occur for tho first time, the
words under the Dangerous Drugs
Act, 1930, or " shall be inserted.
In section 33, the proviso shall be omitted.

n a d ~ a sAct.
1886 I The Madras Abkari I n section 3,-
Act, 1886.
( a ) for the definition of " intoxicating
drug " in clause (13) the following
definition shall be substituted,

I I / . '' (IS).'intoxicating drug ' means-

(i) the leaves, small stalks and
flowering or fruiting tops of tho
Indian hemp plant (Cannabis
saliva I,.), including all f&s
known - as bhang, siddhi or
ganja ;
 Dangerous Drugs. [ACT 11

(Schedule 11.-Amendments of locdl Acts.)

You. / No.
I/ Short title. - 1 Amendments.

The Madras Abksri (ii)cim~as,that is, the resin obtain-

Aot, 1886-antd. ed from the Indian hem plant,
which has not been Rufmitted
t o any manipulatione other than
thoso necasRary for packing and
transport ;
(o'ii)any mixture, with or without
neutral materials, of any of the
above forms of intoxicating
drug, or any drink prepared
therefrom ;and
({v) any other intoxicating or
narcotic substance which the
Govecuor in Council may by
notification, declare to be an
intoxicating drug, such sab-
stance not being opium, coca
leaf, or a manufactured drug, ss
defined in section 2 of t$
Dangerous Drugs Act., 1930 ;
( b ) to the definition of " import" in
clause (16)the following proviso shaU
be added, n m e l y :-
"Provided that, in the case of intaxi-
cating drugs specified in sub-
olauaes (%), (ii) and (iii) of olauae
(13), i t means t o import inter-
provincially, as defined in clause
( j ) of section 2 of the Dangerous
Drugs Act, 1930 ; " and
(c) to the definition of "export " in
clause (16) the following proviso
shall be added, namely :-
" Provided that, in the case of intoxi-
cating drugs specsed in sub.
clauses (i), (ii) and (iii)of clause
(Id), it means to export inter.
provincially, as defined in clause
(1) of section 2 of the Dangeroua
Drugs Act, 1930 ".
In section 8 fter the word "importation "
the word: 'into British India " shall be
inserted.
I n section 12,-
(a) the words " or Indica " shall be
omitted; .
-(b) the words,:' or coca plant (Erythroxy.
lon coca) shall be omitted ; and
I 1
( c ) the
24
 OF 1930.1 D a n g e ~ o u sD ~ u g s .
(Schedule 11.-Amendments of local Acts.)

M a d ~ a sA c t c o n c l d . -
I
. ,---

! Year. ( No. ( Rho* title. ' Amendments.

(c) the words " or coca", where they

- 1 .
Tho Madras Abkari
Act, 1886--concld. occur after the word " hemp", shall
be omitted.
Tn clanse (c) of seot,ion 26, after the words
"of any offence", where the? occur for
the second time, the words ' y d e r the
Dangerous Drugs Act, 1930, or shall be
inserted.
I n clause (1) of sub-section (2) of section 29.
the words " and coca " shall be omitted,
and for the word " pknts ",wherever it
.occurs, the word plant. " shall eb
substituted.
I n clause (c) of section 55,-
(a) the words " o r Indica" shall be
omitted ;
(b) the words,:'the coca plant (E7ytAroxy-
lon coca) shall be omitted ;and
/ (c) f r p the word '' plants '' the word
p l m t " shall be substituted.

Bombay Act.
\
V
1878
1 TheAot,Bombay
I
1878.
Abkari I n section 3,-
(a) for the dehition of " intoxicating
drug" in olause (9) the following
i definitions shall be substituted,
I I I namely :-

I ! I
" (9) ' intoxicating drug ' means-
(i)the leaves, small stalks and
flowering or fruiting tops of
the Indian hemp plant
(Cannubis saliva L.), including
all forms h o w n a s bhang,
aiddhi or ganja ;
(ii) charm, that is, the resin obtained
from the Indian hemp plmt.
which has not been submitted
to m y manipulations other
than those necessary for peck.
ing and transport ;
(iii) any mixture, with or without
neutral materials, of any of
the above f o m s of intoxicating
drug, or any drink prepared
therefrom ; and
 Dangerous Drugs. [ A C T 11

(Schedule 11.-Antefidments of local Acts.)

e
P i

k.
F
I I
__ -____--___
- Bombup A c t c o n t d .
- -- -- - - -.- - ,. -..
Short title.
, .. . . . . ., .

Alpendmento.
.

The Bombay Abkari ( k )any other intoxicating or narcotiu

Aot, 1878--cot&. substance which Government
may, by notification in the
Bombay Government Gazette,
declare to be an intoxicating
drug, such substance not being
opium, coca leaf, or a mmu-
factured drug, as defined in
section 2 of the Dangerous
Drugs Act, 1930.
( 9 A ) ' hemp ' means any variety of
the Indian hemp plant from
which intoxicating drugs can be
produced ;"
( b ) to the definition of " t o import " in
olause (10) the following proviso
shall be added, namely :-
" Provided that, in the caae of intoxi-
cating drugs specified in sub-
olausw ( i ) ,( i i ) and (kii) of clause
( 9 ) and hemp, it means to import
inter-provincially, as defined in
clause (j) of section 2 of the
Dangerous Drugs Act, 1930 ;''
and
(c) to the definition of " to export " in
clause (10) the following provisa
shall be added, namely :-
"Provided thet, in the case of intoxicat-
ing drugs specified in sub-clauses
( i ) , ( i i ) and (iii) of clause ( 9 ) and
hemp, it means to export inter.
provincially, as defined in clause
(1) of section 2 of the Dangerous
Drugs Act, 1930 ;".
Clause ( 2 ) of sub-section (1) of section 16
shall be omitted.
I n clause (c) of sub-se2;tion (1) of section
32, after the words of any offence ",.
where they occur for the second time, .
the words '' utfder the Dangerous Drugs
Act, 1930, or shall be inserted.
I n sub-section (1) of section 32, the
proviso shall be omitted.
Sectiolis 43A and 43B shall be omitted.
 OF 1930.1 Dangerous ,Drugs.
1 .
( ~ c h e d u ~11.-Amendments
e of local Z t s . )

- .BengiiizAct.

Year. I /
No. 8borz title.
I Amendments.

I
The Bengsl Exoise In section 2,-
Act, 1909. -
( a ) clause (4A) shall be omitted ;
(b) to the definition of " export" in
clause (11) the following proviso
shall be added, namely :-
" Provided that, in the cage of intoxi-
cating drugs specified in sub-
clauses (i),(ii) and ( i i i ) of clause
(13), it means to export inter-
provincially, tas defined in clause
(I) of section 2 of the Dangerous
Drugs Aot, 1930 ";
(e) to the definition of " import " irl
clause (12) the following proviso
shall be added, namely :-
"Provided that, in the case of intoxi-
cating drugs specified in sub-
clauses (d), (ii)and (idi) of clause
(13), i t means to Import inter-pro-
vinciallg, as defined in clause (j)of
section 2 of the Dangerous Drugs
Act, 1930 "; and
(d) for the debition of " intoxicsting
drug" in clause (13) the following
definition shall be substituted,
namely :-

1 .I I " (73) ' [Link] drug ' means-

(i) the leaves, small stalks and
flowering or fruiting tops of
the Indian hemp plant
(Cannabis sativn L.), including
all fonns known as bhang,
siddhi or ganja ;
(ii)eharas, that is, the resin obtained
from the Indian hemp plant,
which has not been submitted
t o any manipulations other
than those necessary for pack-
ing and transport ;
( i i i ) any mixture, with or witliout
neutral materials, of any of the
above forins of intoxicating
drug, or any drink prepared
therefrom ; and
 ' Dangerous 'Drugs.
(Schedule ~ ~ , - - ~ n z e n d h e n tpfs local Acts.) ' '

Amendments.

( i v ) any other iutoxiwting or narbotic

substance which the Lomi
Government may, by noti&%-
tion, declare to be an intoxicat-
ing drug, such substanw not
belng opium, coca leaf, or a.
manufactured drug, as defined
in section 2 of the Dangerous
Drugs Act, 1930."
Section 3 shall be omitted.

I n section 46, the proviso shill be omitted.

ulg and transport ;

(iii)any mixture, with or without
neutral material^, of any of - e
tlie above f o e s of [Link]
drug or any drink [Link] '.
thereirom ; and
( i v ) any other intoxicating or narcotic
substance which the Local
Government may, by notifica-
tion, declare t o be i n intoxicat-
ing drug, such substance not
being opium, corn' leaf, or a,
' n1ai1ufactured drug, as defined . .
in soction 2 of the Dangerous
Drugs Act, 1930 ; "
OF 1930.1 Dangerous Drugs.
(Schedule 11.-Amendments of local Acts.)

year. ; NO. I ~0*..4tit1e. 1 Amendments.

The United Provinces ( b ) to the definition of "import " in

Excise Act, 1910- c h e (17) the following proviso
conk%. shall be added, namely :-
" Provided that, in the case of intoxi-
cating drugs specified in sub-
clauses (i), (ii) and (iia') of clause
(12), i t means to import inter-
provincially, as defined in clause
(j) of seotion 2 of the Dangerow
Drugs Act, 1930 ";
(c) to the definition of " export " in
clause (18) the following proviso
shall be added, namely :-
" Provided that, in the case of intoxi-
cating drugs specified in sub-
clauses ( i ) , ( i i ) and (iii) of clause
(12), it means to export inter-
provincially, as defined in clause
(1) of section 2 of the Dangerous
Drugs Act, 1930 "; and
(d) the debition of " cocaine " in clause
(23) shall be omitted. ,
I / I Section 6 shall be omitted?'
I n clause ( c ) of sub-sectfpn (I) of section
34, after the words of any offence
punishable", where they occur for the
second time, the worde " undor the
Dangerous Drugs Act, 1930, o r " shall
be inserted.
I n sections 61, 54, t3? and 70, thy,word,
figures and letter soction GOA shall
be omitted.
I n section tiO, the words "if the offence
is committed in respect of cocaine, with
imprisonment which may extend t o two
years or wi!> b e or with both, andin any
other-case shall be omitted.
Sections GOA and GOB @hallbc omitted.

Punjab Act.
1914 1
I The Pnnjah Excise I n section 3,-
Act,tl914.

i
( a )to the definition of "export " in
clause (10) the follo~ving proviso
shall be added, namely :-

I I " Provided that, in the case'of intoxi-

cating drugs specified in sub-
 Dangerous Drugs. [ACT 11

(Schedule 11.-Amendments of local Acts.)

No. Bhort title. Amendments.

-
I ?he Punjab Excise clauses (i),( i i ) and ( i i i ) of blause
Act, 1914--~0ntcl. (13), it means to export inter-
provincially, as defined in clause
(1) of section 2 of the Dangerous
Drugs Act, 1930 ";
( b ) to the definition of " import" in
clause (12) the following proviso
shall be added, namely :-
"Provided that, in the case of intoxi.
cating drugs specified in sub-
clauses ( i ) , (ii)
.and ( i i i ) of clause
(13), it means to import inter.
provincially, as d e h e d in clauee
( j ) of section 2 of the Dangerous
Drugs Act, 1930 ": and
(c) for the definition of " intoxicating
drug " in clause ( 1 3 ) the following
definition shall be substituted,
namely :-
" ' intoxicatirlg drug ' means-

(i) the leaves. small stalks and.

flowering or fruititig tops of the
Indian hemp plant (Cannabis
sativa L.), including all forms
kno!vn as bhang, siddhi or
gaya ;
(ki) charas, that is, the resin obtained
from the Indian hemp plant,
which has not been sub-
mitted to any manipulations
other than those necessary for
packing and transport ;
(iii) any mixture, with or without
neutral materials, of any of
the above forms of intoxicating
drug, or any drink prepared
therefrom ; and
(iv) any other iutoxicating or narcotic
substance which tho Local
G~vernmontmay, by notifica-
tion, declare to be an intoxicat-
ing drug, such [Link] not
being opium, coca leaf, or a
manufactured drug, as defined
in section 2 of the Dangerous
Drugs Act, 1930".
In clause ( 6 ) of 'yub-section (I) of section
20, the words or coca plant " shall be
omitted.
i

p~ 1930.1 Dange~ousD?ugs.
\' (Schedule 12.-Amendments of local Acts.)
t - ~

s
Punjab Act-concld.

1 Yesr. No; Short title. Amendments,

--
1014 I The Punjab Exoise I n clause (I)of sectiol~26, in proviso (a)
Aot, IQl4--eoncH. to section 32, in sub-clause (ii) of clause ,
( a )of section 69, and in clause ( 6 ) of sub.
sectiqy (2) of section 61, the word8 " or
coca shall be omitted.
I?lclause (a) of section 36, after p e words
of any offence punishable , where
they o c y - for the second time, the
words under the Dangerous Drugs
Act, 1930, or " shall be inserted.

Burma Acts.
I
The Burma Opium f i r section 2 the following section shall
1
Law Amendment be substituted, namely :-
Act, 1909.
" 2. In this Act, ' opium ' includes
opium as defined in section 3 of
the Opium Act, 1878, and opium
.derivatives as defined in clause
' (f) of section 2 of the Dangerous
Drugs Act, 1930. "
In clause (a) of section 2, after the words
and figures " Opiu? Act, 1878 ", tbe
words and figures or thc Dangerous
Drugs Act, 1930," shall be inserted.
In sub-section (I)of section 4,-

(6) clauses (6) and (c), for the words

the Opium Law" the words
" any law for the tiEe being in force
relating to opium shall be sub-
stituted.
The Bnrma Excise I n section 2,-
Act, 1817. (a) clause (a) shall be omitted ;
(6) to the definition of " Export " in
clause (g) the following proviso shall
be added, namely :-
"Provided that, in the case of intoxi.
I . (
I
cating drugs specified in sub-
 1

Dangerous Drugs. [ACT II

(Sohedqle U.-_=Brnq-nd_nt?~ts of local Acts.)

Burrm,n Acts-contd.

Year.
I NO. Short title.
- . - - - -. -
Amendments:
- - --- - .. --

1817 V The Burma EXC~EO claiises (i), (il) and ( i i i ) of clause

Act, 1917-do&. (l), it means to export inter-
provincially, as defined in clause
( 2 ) of section 2 of the Dangeroue
Drugs Act, 1930 ":
(c) clause ( j ) shall be omitted ;
( d ) to the definition of " Import " in
clause (k) the following proviso
shall be added, namely :-
'' Provided that, in the case of intoxi-
cating drugs specified in sub-
clauses (i), (ii) and (Oi) of clalise
( C ) , it means t o import inter-
provincially, as defined in clause
( j ) of section 2 of the Dangeroue
Drugs Act, 1930 "; and
(e) for the definition of "Intoxicating
drug "in clause (1) the following
definition shall be substituted,
namely :-
" ' Intoxicating drug ' mesns-
0.
(i)the leaves, small stalks and flower-
ing or fruitingtops of the Indian
hemp plant (Cannabis satdva
4.),including all forms known
as bhang, iiddhi or ganja ;
charas, that is, the resin obtained
from the Indian hemp plant,
which has not been submitted
to any manipulations other
than those necessary for pack-
ing and transport ;
(id{) any mixture, with or without
neutral matoriala, of any of the
above fomns of intoxicating
drug, or any drink propard
therefrom ; and
(iv) any other intoxicating or nar-
cotic substance which the Local
Government may, by noti6ca-
tion, declare t o be anlintoxi-
cating drug, such subst,ance
not being opium, coca leaf, or
a manufactured drug, as de-
fined in section 2 of the Dauger-
ous Drugs Act, 1930 ".
 - - --

OF 1930.1 Dangerous D ~ u k s .
of local Ack.)'
(Schedule ZZ.=---Ame7~dments

Bu~maActs-concld.

---
1 /
~ e n r . NO. Short titlo.
-
Amendments.
- -.-
1917 V . The Burma Excise I n section 11, for the words " t h e coca
Act. 1917-concld. plant or any plant specified a s an intoxi-
cating drug by notification under section,
2 ( E ) (iii) " the words " or any plant
declared to be an intoxicating drug by - 3
a notification under section 2 (1) ( i v )"
shall be substituted.
I n clause ( 8 ) of section 30, for the word@-
"coca plant or any plant specified a s
I a n intoxicating drug by notification
under section 2 (1) (idi) " the words " OF
any plant declared to be an intoxicating,
druq,by a notification under section 2 (1).
( i v ) shall be substitut6d. -
Section 32 shall be omitted.
In sections 44, 45, 46, 24, 55, 56 and 67..
the word and figures section 32 " shall,
be omitted.
Section 61 shall be omitted.

Eastern Bengaj and Assam Act.

1910 I The Eastern Bengal I n section 3,--
and Assnm Excise
Act, 1910, (a) to the definition of " Export " in,
clause (11) the following provisa.
shall be added, namely :-
"Provided that, in the case of intoxi-
eating dlugs specified in sub-
clauses (0, (6)and (iii) of clause
1
( I 3 ) ,i t means to export inter-pro- j
vinciaxy, as defined in clause ( I ) 0th I

~ccti0112
Act, I930 ;
:: the Dangerous Druga
I

( b ) to the debition of " Import "

clauso (12) the following proviso.
:hall bo added, namely :- 1
,
" Provided that, in the case of intoxi-
cating drugs specified in sub-
clauses (i), ( i i )cnd (&) of clause-
(13), i t means to import inter-
provincially, a6 defined in clause
(j)of section 2 of the Dangerous-.
Drngs Act, 1930 " ; and
(c) for t4f) deibition of " Intoxicating-
drug in clause (13) tho f o l l o w h ~ ~ ~

definition
33-
i
 C

\ Dange~ousDrugs. [ACT 11

. . .

Act, 1910--~~ntd.
" ' Intoxicating drug ' means-
(i)the leaues, small stalks and

. .
(6)charas, that is, tho resin obtained
from the Indian hemp plant,
which has not beon submitted
to any manipulations other
than th&e necessary for pack. ;
ing and transport :

(id;) any mixture, with or without .

neutral materials, of any of tho
above forms' of intoxicating
drug, or any drink propared
[Link] ; and
(iv) any othor'intoxicating or narcotic
substance which the Looal
Government may, by notifica-
tion, declaro t o be an intoxi-
cating drug, such substance not
being opium, coca loaf, or
a manufactured drug, a s de-
fined in section 2 of the Danger-
ous Drugs Act, 1930 ''.
Section 5 shall be omitted.
For clause ( b ) of sub-clause (I) of section
16 the following clause shall be sub-
stituted, namoly :-
" (b) no hemp plant (Cannabis aativa
L.) sha.11 be cultivated or col-

I n clause (c) of sub-section (1)of aection

29, after tp words "of any offence
punishable , where they occur for the
second time, the words I' under the
Dangerous Drugs Act, 1930, or " shall
bo inserted.
For sub-clause ( i i ) of clause ( e ) of sub-
section (2) of section 36 the following
OF 1930.1 Dangerous Drugs.
(Schedule 11.-Ame~dments of local Acts.)

Eastern Bengal and Assam A c t - c o n c l d .

I 1

Short title.

The Eastern Bengal

I sub-clawe
Awn;dments.

shall be
-

substituted,
and Amam Exoise namely :-
Act, 1910--ooncld.
" (G) the cultivrttion of the hemp
plant (Cannubis sativa L.), t h e
collection of the spontane-
ous growth of such plant, and
the preparation of any intoxi-
cating drug from such growth ;".
I n clause (b) of section 53, the words " o r
any cocaine-plding plant of the genus
Erythroxylon shall be omitted.
I n olause (a) of sub-section ( I ) of section
67, the words " or cocaine-yielding plant
of the genus Erythroxybn" shall be
omitted.
I?' clause ( a ) of section 68, the words
cocaine-yielding lant of the genus
Erythroxybn " shal?be omitted.

Bihar and Orissa A c t .

The Bihar and Orissa Insection 2,-
Excise Act, 1915.
.(a) clause (4) shall be omitted ;
( b ) t o the definition of "export" in
clause (10)the following proviso shalt
be added, namely :-
" Provided that, in the case of intoxi-
cating drugs specified in sub-
clauses (i),(ii) and (iii) of olause
(13!, it means t o export inter-
provincially, as defined in olause
(1) of motinn 2 of the Dangerous
Drugs Act., 1930 ";
(c) t o the definition of "import " in
clause (12) the following proviso
shall be added, namely :-
"Provided that, in the case of intoxi-
c ~ t i n g drugs spioified in sub-
clauses (i),(ii)and (iii) of clause
(13), it means to import inter-
provincially, as defined in claws
(j)of section 2 f the Dangeroua
Drugs Act, 1930 ; -

(d) the definition of " hemp plant " in

clause (11) shall be omitted ; and

(e) for
35
 I

Dangerous Drugs. [ACT II

1
(Schedule 11.-Amendments of local 'Acts.)

B i h r and Orissa A c t c o n t d .

Pmr. No. Short title. --- Amendments.

4

1916 I1 The Bihar and Orissa (e) for t e definition of "intoxicating

Excise Act, 1916- drug in clause (13) the following
, contd. definition shall be substituted,
namely :-
" ' intoxicating drug ' means-
( i ) the leaves, small stalks, and
flowering or fruiting tops of
the Indian hemp p l m t (Canna.
bis satioa L.), including all
forms known as bhaw, siddhi
or ganja ;
(ii) chmas, that is, the resin obtained
from the hemp p l b t , which
has not been submitted to
any manipulations other than
those necessary for pecking and
transport ;
(iii)any mixture, with or without
neutral materials, of any of the
above forms of intoxicating
drug, or any drink prepared
therefrom ; and
(iv) any other intoxicating or narcotio
substance which the Looal
Government may, by notiha-
tion, decla,re to be an intoxi.
cating drug, such substance
not being opium, coca leaf, or
a manufactured drug, as de.
fined in section 2 of t$e Danger- .
ous Drugs Act, 1930 .
I I / Seotion 3 .hall be onitted.
I n o l e u a ~(b)
~ and (c) of ~eotion13, the
words or any aocaine-yielding plant
of the genus Xrythroxybn" shall be
omitted.
I n clause (a) of sub-aection ( I ) of settion
42, after the words "of any offence
punishable ", where they ojrcur for the
second titre, the words under the
Dangerous Drugs Act, 1930, c ~ " r shau
be inserted.
In section 47,-
(a) in clause^ (b) and (c), the words '' or
any cocaine-yielding plant of
the genus EryUIroxybn " shall be
omitted ; and
I
(a) the
OF 1930.1 Dangerous Drugs.
(Schedule I-I-:--Amendmmts of local Acts.)

B i h a ~and Orissa Act-concld .

Year. No. Short title.' 1 Amendments.
-- -- -
1916 11 The Bihar and OOrissa (b) the words " or, if the exciseable
Excise Act, 1916- article in respect of which an
GMZCM. offenceunder clause ( a ) ,or clause (f) .
or clause ( h ) has been committed L
cocaine, to imprisonment for a
term which may extend to one
year, or t o fine which may extend
to two thousand rupees, or t o both "
shall be omitted.
I n section 60, the words "other than
I cocaine " shall be omitted.

Central Provinces A c t .
The Central Pro- I n eeotion 2,-
vinces Excise Act,
1915. ( a ) clauses ( 3 A )and (4) shall30 omitted
( b ) t o the dofinition of "export " in
clause (9) the following proviso shall
be added, namely :-
"provided thatt, in the case of intoxi-
cating drugs specified in sub-
clauses (i),(ii) and (iii)of olause
(IZ), it means to export inter-
provincially, as deihed in clause
(1) of section 2 of the Dangerous
Drugs Act, 1930 " ;
(c) clause (10) shall be omitted ;

(d) t o tho definition of "import " in

clause (11)the following further pm-
viso shall be added, namely :-
"Provided further t h J , in the cam
of intoxicating drugs specified in
sub-clauses (i),(ii) and (iii) of
clause (12), it means t o import
inter-provincially, as defined in
clause (j) of section 2 of b k
Dangerous Drugs Act, 1930 ;
I and
(e) for the deihition of "intoxicating
drug " in clause (12) the following
definition shall be substituted,
namely :-
" ' intoxicating drug ' means-
(i).the leaves, small stalks and
flowering or fruiting" tops of
the Indian hemp plant ( C a n m -
. bis sata'va I;.), including all
forms lrnom as bhang, siddM or
qava ;
 . .
Dangerous rugs
. .
...
. .
[ A C T 11 OF 1930.3 ..
. . . . . ( S c & e & ( l g : : ~ . ~ ~ 4 ~ g 1 &of: klocal-
~ & [Link]:.):-. . . - - .
. .
i:. , .:.:>

.. Central Provinces A c t c o n t d .
,
.
,: .
LC,.
L; ; : : . .
'
':.,L...
. .. . . i
,:;@
. ,. . ",\
%

Yar. 1 1 No. Short title. 1 Amendments.

The Centwl Pro- (ii) charm, that is, the rcsin obtainect
vinces Bxcise Xot, from the Indian hemp plant,
1916-wnfd. which has not been submitted
to any manipulations other
than those necessary for pack-
ing and transport ;
(iii) any mixture, with or without
neutral materials, of any of
the above forms of intoxicating
drug, or any drink prepared
therefrom ; and
I
(iv) any other intoxicating or nar-
cotic substance which the Local
Government may, by notifica-
tion, declare to be an intoxi-
cating drug, such substance
not being opium, coca leaf,
or a, manufactured drug, as
defined in section 2 of :he
Dange,rous Drugs Act, 1930 .
Section 3 shall be omitted.

I i I In section 34, the'proviso shall be omitted.