THE UNITED PROVINCES OPIUM SMOKING ACT, 1934

1. (1) This Act may be called the United Provinces Opium Smoking Act, 1934. (2) It extends to the whole of [Uttar Pradesh]4. (3) It shall come into force on such date5 as the [State Government]6 may, by notification, appoint on this behalf; and on and from that date the United Provinces Opium Smoking Act, 1925, shall be repealed.

2. In this Act1, unless there in any thing repugnant in the subject of context:- (1) “opium” has the same meaning as in the Opium Act, 1878; (2) “prepared Opium” means any product of opium obtained by any operation or series of operations designed to transform opium into an extract suitable for smoking, and includes chandu, madak, and the dross, or other residue remaining after opium is smoked; (3) “place” includes a building, house, shop. Booth, tent, vessel, raft and vehicle and any part thereof; (4) “Collector” means the chief officer in charge of the revenue administration of a district, and includes a Deputy Commissioner and the Superintendent, Dehradun; (5) “Magistrate” means a magistrate of the first class or a Magistrate of the 2nd class specially empowered by the [State Government]2 to try cases under this Act; (6) “Excise Commissioner” means the officer appointed by State Government under section 10 (2) (a) of United Provinces Excise Act, 1910; (7) “officer of the Excise Department” means the Excise commissioner or an officer appointed under section 10 (2) (d) of the United Provinces Excise (Act 1910), and includes, an officer or person empowered under section 10 (2) (e) of that Act; (8) ‘Notification” means a notification published in the official Gazette; and (9) “registered smoker” means a person registered under the provisions of this Act as a smoker of prepared opium.

3. (1) The [State Government]2 shall cause a register to be prepared of persons who are not under the age of twenty five years and who are in the habit of smoking prepared opium. (2) Such register shall be prepared by such authority and in such manner as the [State Government]1 may, by rules made under this act, prescribe, and shall contain such particulars and shall be in such form as the Excise Commissioner may be notification prescribe. (3) Such register shall be closed on a date to be fixed and notified in the official Gazette by the [State Government]1 and, subject to such exception as the [State Government]1 may by notification prescribe, no such entry shall be made there in after such date. (4) All persons who are eligible for being registered under this Act as smoker of prepared opium shall, up to the date fixed for closing the entries in the register be considered as registered smokers, whether their names are actually entered in the register or not.

4. (1) No person, not being a registered smoker, shall Smoke or manufacture or possess prepared opium in any quantity what soever. (2) No registered smoker shall have in his possession, or shall manufacture, at any one time, prepared opium in excess of half a tola in weight or such other lesser quantity as the State Government]1 may by rule made under this Act, proscribe: Provided that in no case shall a registered smoker manufacture any prepared opium from opium obtained otherwise than in accordance with rules made under section 5 of the Opium Act, 1878 and no registered smoker shall have in his possession any quantity of prepared opium so manufactured. (3) No person shall assist another, whether a registered opium smoker or not, in the manufacture of prepared opium.

5. If any person not being a registered smoker, is found in possession of prepared opium or any apparatus used for the smoking of, or the manufacture of, prepared opium, it shall be presumed, until the contrary is proved, that such person smokes prepared opium.

6. No person shall sell, expose or offer for sale or attempt to sell, prepared opium.

7. An assembly of two or more persons, whether registered smokers or not, is designated an opium smoking assembly if the common object of such persons is to smoke or manufacture prepared opium. Explanation--- An assembly which was not as opium smoking assembly when it assembled may subsequently become such an assembly.

8. Whoever being aware of facts which render an assembly an opium smoking assembly, joins that assembly or continues therein, is said to be a member of that assembly.

9. The presence of any prepared opium for or any pipes or apparatus for the smoking of prepared opium for of any apparatus used in the manufacture of prepared opium in any place where two or more persons, whether registered smokers or not, are assembled hall be held sufficient to raise a presumption that shall persons have assembled at such place with the common object of smoking or of manufacturing prepared opium.

10. (1) The [State Government]1 may, by notification, make rules for the purpose of carrying out the provisions of t his Act. (2) In particular awl without prejudice to the generality of the power conferred by sub-section (1), such rules may- (a) prescribe the authority by whom and the manner in which, the register reformed to in section 3 shall be prepared and maintained ; (b) regulate the conditions and restrictions subject to which a registered smoker may manufacture, possess or smoke prepared opium; (c) prescribe the conditions under which and the authority by whom the name of a registered smoker may be removed from the register; (d) regulate the disposal of things confiscated under this act, and (e) prescribe and regulate the payment of rewards out of fines imposed under this Act, (3) The power conferred by this section for making rules is subject to the condition that the rules be made after previous publication : Provided that any such rules may be made without previous publication if the [State Government]1 considers that they should be brought into force at once.

11. Any registered smoker who does not comply with the conditions and observe the restrictions prescribed by rules made under this Act, shall, in addition to the penalties hereinafter prescribed, be liable to have his name removed from the register of smokers.

12. Whoever, not being a registered smoker, smokes prepared opium shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees, or with both.

13. Whoever, in contravention of section 4, manufactures or has in his possession prepared opium or assists any other person in the manufacture of prepared opium, shall be punished with imprisonment which may extend to one year or with fine which may extend to one thousand rupees, or with both.

14. Whoever is a member of an opium smoking assembly shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees, or with both.

15. Whoever opens, keeps or uses any place or permits any place to be opened, kept or used for the purposes of an opium smoking assembly or has the care or management of, or in any way assists in conducting the business of, any place used or kept for the purposes aforesaid, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or with both.

16. Whoever sells, or exposes or offers for sale, or attempts to sell, prepared opium shall be punished with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both.

17. Whoever a bets 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 to be punished with the punishment provided for such offence.

18. Whoever, having been previously convicted of an offence under this Act, is again convicted of an offence under this Act, shall be liable for such subsequent offence to twice the punishment which-might be imposed on a first conviction : Provided that in the case of a third or subsequent conviction the offender shall be sentenced to imprisonment with, or Without fine.

19. If a Magistrate, upon information received and after such enquiry (if any) as he considers necessary, has reason to believe that any place is used for the commission of an offence under this Act he may issue a warrant to an officer of the Excise Department not below such rank as the [State Government]1 may prescribe authorizing him-- (a) to enter such place by day or by night with any person whose assistance such officer may consider necessary ; (b) to search all or parts of such place in which such officer has reason to believe that any prepared opium or any apparatus for the manufacture of prepared opium or for smoking prepared opium is concealed and all or any poisons whom he may find in such place ; (c) to arrest any person found in such place whom he has reason to believe to be guilty of all offence under this Act; and (d) to seize all prepared opium, apparatus for smoking prepared opium or for the manufacture of prepared opium and any other article used for the commission of an offence under this Act, which may be found in such place.

[19-A Whenever the Collector or any officer of the Excise Department authorized in that behalf by the State Government, or a police officer not below the rank of an officer in charge of a police station has reasonable grounds for believing that an offence punishable under this Act has been or is being committed in any place and anything necessary for purposes of investigation into the offence may be found in any place within the limits of his territorial jurisdiction and that such a thing cannot, in his opinion be otherwise obtained without undue delay, he may after recording in writing the grounds of his belief search or cause to be made of any such place.]1

[20. (1) The provision of the Code of Criminal Procedure, 1898, including provision as to the searches contained in sections 102 and 103 thereof, shall in so far as not inconsistent with the provisions of this Act, apply to the execution of warrants for arrest and to a search made under this Act. (2) Where a search is made under section 19-A, copies of any record made under that section shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence and the owner or occupier of the place of search shall on application be Furnished with a copy of the same by the Magistrate : Provided that he shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost.]2

21. Whenever any officer makes any arrest or seizure under this Act, he shall within twenty-four hours next after such arrest or seizure, make a full report of all particulars thereof to his immediate official superior; and every person arrested and every arti1e seized shall be forwarded without delay to the officer by whom the warrant was issued to the nearest police station.

22. When any person arrested under this Act is prepared to furnish bail, he shall be released on bail, or at the discretion of the officer making the arrest, on his personal bond.

23. Every officer of the police and land Revenue Departments, every [Pradhan and Secretary of a Gaon Sabha]3 and every village chaukidar shall, upon notice given or request made to him be bound to give reasonable aid to any officer of the Excise Department in carrying out the provisions of this Act.

24. On the conviction of any person for an offence under this Act, the court may order that any prepared opium or any instrument or apparatus in respect of or by means of which, such offence has been committed or any receptacle, package or covering in which such prepared opium instrument, or apparatus was found and any other contents of such receptacle, package or covering shall be confiscated or destroyed.

25. No Magistrate shall take cognizance of an offence punishable under this Act except on the complaint or report of the collector or an officer of the Excise Department not below the rank of an Excise Inspector.

26. No suit shall lie in any Civil Court against the [Government]1 or a Collector or [any Officer of the Excise, Police or Land Revenue Departments, Pradhan or Secretary of a Gaon Sabha or village Chaukidar]2 for damages for any act in good faith done or ordered to be done in pursuance of this Act.

27. No Civil Court, shall try any suit against the [Government]1 or a Collector or [any Officer of the Excise, Police or Land Revenue Departments, Pradhan or Secretary of a Gaon Sabha or Village Chaukidar]2 in respect of anything done in pursuance of this Act and except with the previous sanction of the [State Government]3 no Magistrate shall take cognizance of any charge made against any person under this Act, unless the suit or prosecution is instituted within six months after the date of the act complained of.

28. (1) Whenever two or more persons are prosecuted for any offence under this Act, the Magistrate may, if, for reasons to be recorded by him, he thinks fit, tender to any such poison a Pardon on condition of his making full and true disclosures of all facts connected with the offence. (2) Such person shall become a competent witness in the case and will not be liable to punishment for such offence so long as such pardon remains.

29. Nothing in this Act or in the rules made under this Act shall affect the validity of the Dangerous Drugs Act, 1930 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, prepared opium with in [***]4 India.