The UNITED PROVINCES OPIUM SMOKING ACT, 1934
uttarakhand · 1934
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the United Provinces Opium Smoking Act, 1934
- S. 2Section 2 defines key terms used in the United Provinces Opium Smoking Act, 1934, including opium, prepared opium, place, collector, magistrate, excise commissioner, and registered smoker.
- S. 3Tehri-Garhwal district Tehri Garhwal (Application of laws) Order, 1949 No
- S. 4(1) No person, not being a registered smoker, shall Smoke or manufacture or possess prepared opium in any quantity what
- S. 5Section presumes a non-registered smoker in possession of opium or related apparatus smokes it, unless proven otherwise.
- S. 6No person shall sell, expose or offer for sale or attempt to sell, prepared opium
- S. 7Section 7 defines an opium smoking assembly as a group of two or more people with the common aim to smoke or manufacture prepared opium.
- S. 8Section 8 defines a member of an opium smoking assembly as someone who joins or stays in it knowing it's for opium smoking.
- S. 9Section presumes common intent to smoke or manufacture opium if opium or related apparatus is found in a gathering.
- S. 10(1) The [State Government]1 may, by notification, make rules for the purpose of carrying out the provisions of t his Ac
- S. 11Section 11 removes a registered smoker's name from the list if they don't follow prescribed rules.
- S. 12Section penalizes unregistered individuals smoking prepared opium with up to three months' imprisonment and/or a fine.
- S. 13Section 13 penalizes manufacturing or possessing prepared opium or aiding in its manufacture, with up to one year imprisonment and a fine.
- S. 14Section penalizes members of opium smoking assemblies with up to three months' imprisonment and/or a fine of up to 500 rupees.
- S. 15Section penalizes individuals for managing or assisting opium smoking assemblies with imprisonment and fines.
- S. 16Section 16 penalizes selling, displaying, or attempting to sell prepared opium with up to one year imprisonment and/or a fine.
- S. 17Section 17 imposes punishment for abetment of an offence under the Act, with enhanced penalties for repeat offenders.
- S. 18Repeat offenders of the Act face double the punishment for a second offense and imprisonment for third or later offenses.
- S. 19Section 19 authorizes magistrates to issue warrants for searches and seizures of opium and related items in places suspected of opium-related offenses.
- S. 20Section 20 details the application of the Code of Criminal Procedure for warrants and searches under the Act, and mandates record sharing with magistrates and property owners.
- S. 21Section 21 mandates officers to report arrests and seizures to superiors within 24 hours and forward detainees and seized items to the nearest police station.
- S. 22Section 22 allows arrested individuals to be released on bail or personal bond at the discretion of the arresting officer.
- S. 23Section mandates police, land revenue officials, village leaders, and watchmen to assist Excise Department officers in enforcing the Act.
- S. 24Section 24 allows courts to confiscate or destroy opium, related instruments, and packaging upon conviction for offenses under the Act.
- S. 25Section 25 restricts cognizance of offenses under the Act to complaints from the collector or higher-ranked Excise officers.
- S. 26Section 26 prevents civil suits against government officials for actions taken in good faith under the Act.
- S. 27Section 27 bars Civil Courts from trying suits against government officials for actions under the Act without state sanction, and limits prosecution timelines.
- S. 28Section allows a magistrate to pardon co-defendants in exchange for full disclosure, making them a witness.
- S. 29Section 29 preserves the application of stricter regulations under the Dangerous Drugs Act, 1930 for prepared opium.