Assam Ganja and Bhang Prohibition Act, 1958

No: 21 Dated: Jun, 01 1959

Amendment:- Assam Ganja and Bhang Prohibition (Amendment) Act, 1959

Assam Ganja and Bhang Prohibition (Amendment) Act, 1961

THE ASSAM GANJA AND BHANG PROHIBITION ACT, 1958

ASSAM ACT No.XXI OF 1959

    An Act to prohibit cultivation, collection, possession, consumption, manufacture or sale of Ganja in, and of smuggling thereof into the State of Assam and to restrict cultivation, collection, possession, consumption, manufacture or sale of Bhang with a view to effect its ultimate prohibition in the State of Assam.

    Preamble. - Whereas it is expedient to prohibit cultivation, collection, possession, consumption, manufacture and sale of Ganja in, and of smuggling thereof into, the State of Assam and to restrict cultivation, collection, possession, consumption, manufacture and sale of Bhang with a view to effect its ultimate prohibition in the State of Assam.

    It is hereby enacted in the Ninth year of the Republic of India as follows :

1. Short title, extent and commencement. - (1) This Act may be called the Assam Ganja and Bhang Prohibition Act, 1958.

(2) it extends to such area or areas as may be notified in the official Gazette, by the State Government from time to time.

(3) It shall come into force in the notified area or areas on such date as the State Government may, by notification in the official Gazette, appoint:

Provided that the State Government may, by notification in the Official Gazette, restrict the operation of this Act or of any provision thereof in any notified area.

2. Definitions. - In this Act unless there is anything repugnant in the subject or context-

(1) "buy", with all its grammatical variations, means receipt for price paid in cash or kind, and includes any receipt by gift, loan or otherwise ;

(2) “ Commissioner” means the Excise Commissioner or any other pers on duly empowered by the Sta te Government to exercise some or all th e powers of the Excise Comm issioner.

(3) "Ganja" means dried flowers, flowering or fruiting tops of the Indian Hemp Plant (Cannabis Sativa L.);

(4) "Bhang" means leaves of the Indian Hemp plant (Cannabis Sativa L.) including such form known as Siddhi;

(5) "Import" means to bring into any notified area otherwise than across a custom frontier defined by the Central Government;

(6) "Manufacture" means every process, whether natural or artificial by which any ganja is produced or prepared ;

(7) "Notified area" means an area notified under sub-section (2) of Section 1 of this Act ;

(8) "Prescribed" means prescribed by rules made under this Act;

(9) "Sell", with all its grammatical variations, means any transfer including transfer by a gift or a loan or otherwise ;

(10) "Transports" means to move from one part to another of any notified area or from any notified area to another notified area.

3. Prohibition. - No person shall-

(a) cultivate, collect or sell the Indian Hemp plant (Cannabis Sativa L.) ; or

(b) collect ganja or bhang from the Indian Hemp plant (Cannabis Sativa L); or

(c) import, transport, manufacture, sell and buy ganja or bhang ; or

(d) possess or consume ganja or bhang ; or

(e) use or keep implement or apparatus for the manufacture or consumption of ganja or bhang.

4. Punishment for contravention. - Whoever contravenes the provisions of Section 3 shall be punished with imprisonment of either description for a term which may extend to two years and also with fine which may extend to one thousand rupees.

5. Punishment for allowing premises to be used for the commission of an offence. - Whoever, being the owner or occupier or having the use of any house, room, enclosure, space, vessel, vehicles or place, knowingly permits it to be used for the commission, by any other person, of an offence punishable under this Act or the rules made thereunder, shall be punished with imprisonment of either description for a term which may extend to six months or with fine, which may extend to five hundred rupees or with both.

6. Enhanced punishment. - Whenever any person, having been convicted for an offence under clause, (a) or clause, (b) or clause, (c) of Section 3 is again convicted of an offence under any of the aforesaid clauses, the imprisonment with which he shall be punished shall be rigorous imprisonment for a term which may extend to four years.

7. Security for abstaining from commission of offences. - (1) Whenever any person is convicted of an offence punishable under Section 4 or under Section 5, 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 such offence, the Court may, at 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 commission of such offence during such period, not exceeding three years, as it thinks fit to fix.

(2) The bond shall be in the prescribed form and the provision of the Code of Criminal Procedure, 1898 (Act 5 of 1898), 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 executed shall become void.

(4) Any order under this section may also be made by an Appellate Court, or by the High Court when exercising its powers of revision.

8. Attempts. - Whoever attempts to commit an offence punishable under Section 4, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence or towards the causing of its commission, shall be punished with the punishment provided for the offence.

9. Abetments. - Whoever abets an offence punishable under Section 4 or Section 5 shall, whether such offence be or be not committed in consequence of such abetment, be punished with the punishment provided for the offence.

10. Power to issue warrants. - (1) A District Magistrate or a sub-divisional Magistrate or a Magistrate of the first class, or an officer of the Excise Department not below the rank of a Superintendent specially empowered by the State Government on this behalf, may issue a warrant for the arrest of any persons whom he has reason to believe to have committed an offence punishable under this Act or the rules made thereunder, or for the search, whether by day or by night, of any building, vessels or place in which he has reason to believe any ganja, bhang, material, utensil, implement or apparatus, in respect of which an offence punishable under this Act has been committed, is kept or concealed.

(2) The officer to whom a search warrant under sub-section (1) is addressed shall have all the powers of an officer under Section 11.