The Andaman and Nicobar Islands Opium Smoking Prohibition Regulation 1955

f OFFICE OF THE omss COlDlISSIONER, NOTIFICATION. No.90/55.-Ttla following Regulation P'r<mlulgated - -by the President uDder elsase (2) of article 243 .of the Constitution. which was published in the Gazette ()f India, BriraordiMl'Y. p&ri II, Section I, datod the 29th . M.arob 1965, is hereby republished for general inform.&tioo. THE ANDAMA.N AND NICOBA.R ISLANDS f No. S'OF 1955 Promulgated by the ~ident in th e Sixth Year of the Republic of India. A Regulation to amead and consolidate the law rela.ting to the prohibition of opium smoking in the Andaman sud .K ioober Islands. In exercise 'Of the VO'Vfers conferred by olause (2) 'Of article 243 of the Constitution, the President is pleased to promulgate the foUowing Regulation m80de 1. (1) This Regulation ma,'! be caUed the Andam, ,an, and Nkobar Islands Opium Smoking (Prohibition} Regulation, 1955. -(2) It extends- to the whole of the territol'y of the Andaman and Nlcobar Islands. (3) It shall come into focce at once. 2. In this Regulation, lUl}e,a the context otherwlse .•.•••.• UilU,- n._" .. (a) "Chid' Comaussiceee " means the Chief Coromi •. sionet of the Andaman and Nicobar lIiands; (b) U CoIIectnr" means the Collector of land ~e in the lsianda and includes any other penon appointed by the Chief Commis8ioner to di.tcharge allot' any of the functions or to exercise all or any ol the powers of the Collector under thi.l Regulation in relation to any. loctl area; (c) "Exciae--offi.cet" means any penon who may be appoint.ed by the Ch~ Commissioner to dischaqe aU or any of the functions or to exercise all or any of the- powea of .n Exciae--olficer under this Regula. tion in rdation many loca. I ua; (d) "Islands" means the Andunan and Nicobu Wa.nd.a. _. (e) •• notification" means a notib.cation published in the Official Gazette ; , ro "?Piwn smoker" meeas a penon who smoJces prepattd opium ; (II) "place" includes a building, howe, shop, booth, tent, vessel, raft, vehicle and enclosure, and any part thereof; (b) "prepred opium" means ~... ~ or any product of opium obtained by any series of opentions d-estgned to transform ':h: into an extract suitable for 6fDOkiog and includes the at' other residue mnaining after opium is amoked; and (i) "r~" in relation. to any penoo meana ~ _ op or before the thirtieth day of Seotember. 1953. as a smoker aAd commence. of. ~~, not being regiater!d, smOkes prepared opium s.ha11 be P*dshed f()t tht fitst oIfence with impriwDment which may extend to six months, or with nne which may ~ to five hundred t'u~, or ~ both, and for every such subsequent offence with imPrlsonmertt_ which may extend to one year, or with fine whrch may ~ ttl ooe thousand rupees, or with both. 5. If •• y ~ not bt!oc ~. is found in po&SeSSioc 0( PRPUed _o¢.um or of any apparatus u.scd fot' the amoking of, or in the mmutaCture of. pceparea opium, it shan be pruumed. until the contrary Is-proved, that such person smoke!' prepared opi~ .. 6. Wboevc:r manufactures, ~, buten • .en.. t~ or expoees for sale Ot ataaptll10 teD anv. ~ opium, or assiAts any other person whether rqistered 06 DOt. in the manufacture of prepared opium. shall be punished'widl imprisonment which nay extend to two years, or with fine which may extend to two thoasan~ rupees. or with both. £.u,e~.-Manufacture, oe poasesrion for his own use, by a ~ opium IZDOKer of prepared opium. not exoeedtng.ooe tala in weight or such othet- leuet' quantity u the Chief Commisaonn InAY. by notification, direct, ehall not be an 06~ undcl' t:hia section. J(eepi~ Of J..1Ft,. . 1. Whoever opens, keeps or uses any place, or penuits any c:n.,.e J ~ pW:e.tiO be used, for the purpose of enabling two or ~ pet"IOnS, used foe Imokint. whether ngiatered or not. to meet _lo._ to smoke----I llI"e.-red opium. ""'lS"'u.~ (J'V"p""''OU opium. oe has the eare of management of 0(' in any way u"ists in conductinc the lmsiness of, any place used Of kept for the aid purpose, shall be punished with nnpl'isonment which may ettend to two years or with fine which may extend to two thousand rupees, or with both. certai. ~ .06 ,.red opiu •• .melin. pl'e,.,. •• .,ium i. ~OQ_U. « more. "Clam ptioa fr_ preseecc opJllI'lI. erc., fa cerl.;" places. ,. ::'s- Secvit}' f. OJ. Al1.~ and ~ whkh bave. bea done U¥l ~ with respect to ~d.oo 01 opilUJl smokers in the b1anda on 01' before the thirtieth day of September, 1953. by the Chief Q:m.. missioo.er or by any person acti1lI wader the autbmity of the Chief Commiaaioner or otherwise in pursuance of any orc1et or l\OtiiaJiOll made or issued by the Chief ~ before the comft'leT1C"b' mart of this Regulation. shaH be valid and operative, as if &uch acts and all pe:f8Ol\A ~ in pursuaace of Ul'V auch otder oc notdicteioe a.de Ol' iaaued by the Chief (Agmill.'Sjoner, shalf be deemed CO have been t'egistemd under this ~ u if this Regulation was in force on 1be date of such order oe n.otifica.tion and authorised the ~n of opium smokers in the Wands on or before the tbktIdh <Jlv of September, 19S3. in accordance with the provi3iona of such order or notification. 8. If two or more persoes, whether registered or not, assemple in an, place for the purpose of sznoking prepared opium, each such pet'SOft'shall be punished with imprisonment which may extend to one yat', or with fine which may extend to one thousand rupees, or 9. If any prepared opium or any apparaa:u. used for .~ at' in the manuf~ of, peepared oplUO!. is found in any place where two or moee persoN. whether r~ or not, are aseembled. it shalt be presumed, until the conttary is proved, that the place is used, and that the persons are ~ in such place. for the purpose 0[ smoking prepared opium. 10. (1) 'When~ allY persoo is convicted of an df'eooe punish.. able under this Regulation, the Magistrate may, in addition to my aentence whic.h may be passed by him. ordee such ~ to execute a hood for a sum proportionate to hia meana, with or without aufeties. for a~ from the comrni.-ion of ~ under tIlI$ ~ during- auch' period, not excecadina thiee years, u be thinb fit to nx. (Z) The bond .wI be in the form ~ in the Schedule ~~xed. tp ~ ~ and the proviaioDa of the Code of 11. (l) If the Collector or a M&iistrate of the om dua or second class. upon information received and after such ulquiry. if any. as be considers necessary, has reason to believe that any place is used fOtt the commission ·of an offence under this Regulation, he may, after «:COr9m& fhe s~e of the inform.ation.- _ (a) entet $UCh place by day or night with such assistants as be may eon.i4er ~; (b) search aU part'S of .ach pI.ee in wbi.ch he bas reason to belieee that any prepe:ftCi Gplum Of .•• :~ foe the smok.ing of mch bpiwn or tor the _ _ ~. is concealed and aU oe any of the penon. whom he _, find in sueh place; (cl attest any person found in such place, whom·be has reason to believe to be gu.ilty of an offence under thia Regulation i and ing or for the ~ thereof. whk:h may be found in . tel iaue a warrant to eny ~ Of aDJ Police 06ac:cr Coot below the rank of a ~) a~ IIICh officer to do any of the acts specified in clauses (a). (b); (C) and (d) of this sub-section. (2) Whenever any Excise-officer or any Police 06'icet (not below the rank of a Sub-Inspector) has reason to- believe that any place is used for the commission of an offence ~ this Regulation and that a search warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence 0( the offence. such officeT may. after recording the grounds of his belief, do any of the acts specified in clauses (a). (b). (c) and (d) of sub-sectlon (1). V 01 1898. 12. (1) The provisions of the Code of Criminal Procedure. 1898 shall apply to the execution of warrants and to searches made under section 11. . (2) For the purpose of the said provisions of the aid Code. Jbe Collector shall be deemed to be a Court. V 011698. 'V 01 1896. 13. (1) Whenever any officer malcea an arrest or seizure under this Reaulation. he sb.ll without delay .• and in any case within twenry..{our hour., fOcward every pet'SlOO. arrested and everything seized with iUD perticuJ8rs of the arrest OT' seizure to the Collector or to the Malisttate. as rhe case may be, by whom the warrant was issued. or to the nearest poUce..-station. if the attellt or set%\lfe W'U made by such alicer while exercising his powers under sub-­ section (1) of section 11. (2) In <the case .t1.,. arrest or seizure made under the authority of a warrant issued by the Collector, the said officer: shall, unless the Collector proceeds under section 14. within the aforesaid period of twenty-four hours. forward the person and things produced befere the Collector to a Magistrate having jurisdiction to try the case together with full particulars of the arrest or seizure. 14. (1) The Collector may. without the order of a Mapatmte. investicate any offence punishable under this ~oa whtch . a Court having junsdiction over the local area within the limits of the Collector's jurisdiction would have power to try. (2) The Collector may. after recording in writing his reason for suspecting the commilllion of an offence which he is empowered to investigate. exercise lIllY of the powers conferred upon a Police Officer ma1cing an investigation, or upon an officer in charge of a polke-station by sections 160 to 111 of the Code of Criminal Proee­ (3) The Collector may, without reference to a Ma~te and {or reasoos to be recorded by him in writing. stop further proceed­ ings against any person concerned. or supposed to be ca.occmed in any offence which. he has investigated. (4) A3 soon as an investigation by the Colleeeoe has been compleeed, if it appears to him. that there Is su8icient evidence to justify the forwarding of the accused to a Magist:r'Ue, the Collector shan submit. report [which shall, for the purposes of section 190 P_r to "'C:"&BJ place and •• •• in article. peflona found 01 C ••••••• • '" to _rr.ltu .ad leuclt •. ea under seetioa II. ~p«t to be made in UK of ee,'" 0. ware. Powera 01 Collect III to in veatiaat.e (5) The powers conferred on the Collector by this section may. subject to the OOII.l.tI'ol of the Collector, be .eRrcised by Ml &cae.. ofti¢er, duly empowered by the Chief Commi.s.sione:r in this behalf .. I 15. Whenever any persotl arrested under this ~~tion is prepared to furnish bail to the satisfaction of the officer making the arrest, be mall be ~l.eued on bail, or at the discretion of the officer makinc the arrest on his own bond. -, c.- 16. Every aBicer of the Police, 'Forest or Land Revenue tce,.~ad Department ehaU be bound to live reasonable aid to the Collector and Exciee-officera ill c:vrying out the provisions of this 'Rt!gula~on upon a request made by aueh officer. 01 . 17. On. the. cord ••••.• a trial for an cMfeoc.e ~ true R~ e "ticn, the Ma~ may order that any prepared ~ and fA-:L ld:'tcOJ ~ Or aPPliance in respecr of, or by mean. 0{ Wbkh ized. •••.•••••• •••••••• COIIUDit$ed, or appeata to have been ommrittt.d. Of aa, ~l~ •. padc.age or covering in which such prepared opium. iutrument ot appliance was found aad any other contents of such receptacle, pa~ge or covering shall be confiscated or destroyed. . 18. No M~te Othu than a Magistrate of the ~ cJ.a.,s or a certain Magistrate of the second class specially empowered by the Chief this R",datioa . - Ct" 19. No Magistrate ahall take cognizance of an oI.fence punishable under this Regulation except on the complaint or report of the .coIlector or an Excise--ofice-r or a Police Officer (not below the rank of a Sub-Inspector). - . 'T- 20. No suit, prosecution Ot" other tepl proceeding shall lie against any-person in respect of anything which is in good fatth done or intended to be done under th~s Regulation. (or the Purpoee of c:a.nyios Into e:ftict the provi$ions of tbia Regu- lation. . triable Provided that no such rule ab.aIl authorise the ~tion of ~um smokers after the commencement of this Regulation. Provided further that in making such rules, the Chief Commis­ sioner may cancel, rescind, vary or otherwise amend any ordee or noti6cation made or ilsued by him before the commencement of thU Regulation. . 22. The Andamaa Islands Opium Smoking Regwation, 1940 is hereby repealed. THE 8CHEDULE. ( SN seetioa 10 ) Whereas I --_ _-~ __ ._ _._ .. _ _ _ - . . aon (name) -.- _~ ~ .• ~- _.- •...... _ _ •. _ ~of- :.-~-:-----.- - have been called upon to enter into a baod to abstain frOom the' CQmmitlion of ~ under the AndNMn and NkaI. &lands Opiwu Smoking (Prohibition) (period ~ .••••••••••.••• tt-~ ••• - •. I hereby biDd tnyadf not 10. ~ aay ~ offence during the said term,: Iod in cue of my mllQ", ~ ~ I heJeby bind my- sdf to fOtfeIf..,~traI Government, me sum a( fupees ..•.••..• ~ •• __ ..• r ••. - ••••.•••••.• 'Dat:ec:l th.i.s •.••••••••••..•...•.....••.... , ..•.•..•...• day of ....•.•.••••.•••.•••• , .••••.• , ..••••• ,.. •..• 19 ... - .... (WheR a bond widl ••••• is to be ~ted, ~ ) We do bereby-&ct.re ~ ~ for the ~~DI~ •• _ ••••• - •••• _ ••••••••• tNt be will u...m from the coitilm" •• ,-·of o6ucea under the' Andameo and NJcobar I.Imdt Opium Smokiac (Probibtdgn) lleJuIatloA, '195S during the Mid tmn, anc:I. in cue of'his making default c:herein, lIVe bind outselves. joiDdy and lleYeraDy to forfeit to the ~traI Goftt'DlQeftt the sum of rupees .• _ ••.•••••••••••••••..• •••••• •••••• •• ••••••• •••• I ••• ~ •• Da.tr!CI tins .......••..•.••..•.••. , •... davof - ...•.......... 19 . RA.JENDRA PJUSAD Pruided. RRAOW AN SINGH.