The Andaman and Nicobar Islands Opium Smoking Prohibition Regulation 1955

(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.

In this Regulation, lUl}e,a the context otherwlse context otherwise requires,— (a) "Chid' Comaussiceee " means the Chief Coromi ssionet 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 ; (f) "?Piwn smoker" meeas a penon who smoJces prepattd opium ; (g) "place" includes a building, howe, shop, booth, tent, vessel, raft, vehicle and enclosure, and any part thereof; (h) "prepred opium" means any product of opium obtained by any series of opentions d-estgned to transform it into an extract suitable for smoking 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 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.

Whoever, not being registered, smokes prepared opium shall be punished for the first offence with imprisonment which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and for every such subsequent offence with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

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

Whoever manufactures, possesses, buys, sells, imports, exports, transports or exposes for sale or attempts to do any of these acts in relation to prepared opium, or assists any other person whether registered or not in the manufacture of prepared opium, shall be punished with imprisonment which may extend to two years, or with fine which may extend to two thousand rupees, or with both.

Manufacture, or possession for his own use, by a registered opium smoker of prepared opium not exceeding one tola in weight or such other lesser quantity as the Chief Commissioner may, by notification, direct, shall not be an offence under this section.

Whoever opens, keeps or uses any place, or permits any place to be used, for the purpose of enabling two or more persons, whether registered or not, to meet to smoke prepared opium, or has the care or management of, or in any way assists in conducting the business of, any place used or kept for the said purpose, shall be punished with imprisonment which may extend to two years or with fine which may extend to two thousand rupees, or with both.

All acts and things which have been done by any officer with respect to the registration of opium smokers in the islands on or before the thirtieth day of September, 1953, by the Chief Commissioner or by any person acting under the authority of the Chief Commissioner or otherwise in pursuance of any order or notification made or issued by the Chief Commissioner before the commencement of this Regulation, shall be valid and operative, as if such acts and things had been undertaken in accordance with law; and all persons registered in pursuance of any such order or notification made or issued by the Chief Commissioner, shall be deemed to have been registered under this Regulation as if this Regulation was in force on the date of such order or notification and authorised the registration of opium smokers in the Islands on or before the thirtieth day of September, 1953, in accordance with the provisions of such order or notification.

If two or more persons, whether registered or not, assemble in any place for the purpose of smoking prepared opium, each such person shall be punished with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

If any prepared opium or any apparatus used for the smoking of, or in the manufacture of, prepared opium is found in any place where two or more persons, whether registered or not, are assembled, it shall be presumed, until the contrary is proved, that the place is used, and that the persons are assembled in such place, for the purpose of smoking prepared opium.

(1) Whenever any person is convicted of an offence punishable under this Regulation, the Magistrate may, in addition to any sentence which may be passed by him, order such person to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from the commission of offences under this Regulation during such period, not exceeding three years, as he thinks fit to fix. (2) The bond shall be in the form contained in the Schedule annexed to this Regulation and the provisions of the Code of Criminal Procedure, 1898 shall apply to the execution of the bond.

(1) If the Collector or a Magistrate of the first or second class, upon information received and after such inquiry, if any, as he considers necessary, has reason to believe that any place is used for the commission of an offence under this Regulation, he may, after recording the substance of the information: (a) enter such place by day or night with such assistants as he may consider necessary; (b) search all parts of such place in which he has reason to believe that any prepared opium or apparatus for the smoking of such opium or for the manufacture thereof is concealed and all or any of the persons whom he may find in such place; (c) arrest any person found in such place, whom he has reason to believe to be guilty of an offence under this Regulation; and (d) seize all prepared opium and apparatus for the smoking or for the manufacture thereof, which may be found in such place; (e) issue a warrant to any officer of the Police (not below the rank of a Sub-Inspector) authorising such 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 officer (not below the rank of a Sub-Inspector) has reason to believe that any place is used for the commission of an offence under this Regulation and that a search warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence of the offence, such officer may, after recording the grounds of his belief, do any of the acts specified in clauses (a), (b), (c) and (d) of sub-section (1).

(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 said Code, the Collector shall be deemed to be a Court.

(1) Whenever any officer makes an arrest or seizure under this Regulation, he shall without delay, and in any case within twenty-four hours, forward every person arrested and everything seized with full particulars of the arrest or seizure to the Collector or to the Magistrate, as the case may be, by whom the warrant was issued, or to the nearest police-station, if the arrest or seizure was made by such officer while exercising his powers under sub-section (1) of section 11. (2) In the case of an 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 before the Collector to a Magistrate having jurisdiction to try the case together with full particulars of the arrest or seizure.

(1) The Collector may, without the order of a Magistrate, investigate any offence punishable under this Regulation which a Court having jurisdiction 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 commission of an offence which he is empowered to investigate, exercise any of the powers conferred upon a Police Officer making an investigation, or upon an officer in charge of a police-station by sections 160 to 171 of the Code of Criminal Procedure, 1898. (3) The Collector may, without reference to a Magistrate and for reasons to be recorded by him in writing, stop further proceedings against any person concerned, or supposed to be concerned in any offence which he has investigated. (4) As soon as an investigation by the Collector has been completed, if it appears to him that there is sufficient evidence to justify the forwarding of the accused to a Magistrate, the Collector shall submit a report to the Magistrate. (5) The powers conferred on the Collector by this section may, subject to the control of the Collector, be exercised by an Excise-officer, duly empowered by the Chief Commissioner in this behalf.

Whenever any person arrested under this Regulation is prepared to furnish bail to the satisfaction of the officer making the arrest, he shall be released on bail, or at the discretion of the officer making the arrest on his own bond.

Every officer of the Police, Forest or Land Revenue Department shall be bound to give reasonable aid to the Collector and Excise-officers in carrying out the provisions of this Regulation upon a request made by such officer.

On the conclusion of a trial for an offence under this Regulation, the Magistrate may order that any prepared opium and any apparatus or appliance in respect of, or by means of which the offence appears to have been committed, or any receptacle, package or covering in which such prepared opium, instrument or appliance was found and any other contents of such receptacle, package or covering shall be confiscated or destroyed.

No Magistrate other than a Magistrate of the first class or a Magistrate of the second class specially empowered by the Chief Commissioner in this behalf shall try any offence punishable under this Regulation.

No Magistrate shall take cognizance of an offence punishable under this Regulation except on the complaint or report of the Collector or an Excise-officer or a Police Officer (not below the rank of a Sub-Inspector).

No suit, prosecution or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Regulation.

The Chief Commissioner may, by notification, make rules for the purpose of carrying into effect the provisions of this Regulation: Provided that no such rule shall authorise the registration of opium smokers after the commencement of this Regulation: Provided further that in making such rules, the Chief Commissioner may cancel, rescind, vary or otherwise amend any order or notification made or issued by him before the commencement of this Regulation.

The Andaman Islands Opium Smoking Regulation, 1940 is hereby repealed.