Confiscation of opium.

In any case in which an offence under section 9, 9-A, 9-B, 9-C, 9-E, 9-F and 9-G, has been committed, the property detailed herein below shall be confiscated :—

1. (a) the opium in respect of which any offence has been committed;
2. (b) Where, in the case of an offence relating to the transport, import, or export, of opium the offender is transporting, importing or exporting any opium exceeding the quantity (if any) which he is permitted to transport, import, or export, as the case may be, the whole of the opium he is transporting, importing or exporting;
3. (c) where, in the case of an offence relating to the sale of opium the offender has in his possession any opium otherthan the opium in respect of which the offence has been committed, the whole of such other opium;
4. (d) the receptacles, packages, and coverings in which any opium liable to confiscation under this section is found, and the other contents (if any) of the receptacle or package in which such opium may be concealed, and the animals, carts, vassels, rafts and conveyances used in carrying it.” 6. Amendment of section In section 12 of the principal Act the first and the second paragraphs shall be deleted. 7. Insertion of new section After section 13 of the principal Act the following new section 13-A shall be inserted, namely :— Power to obtain information, “13-A.

1. (1) The State Government, or any officer specially empowered by it in this behalf, may by order require any person to furnish to any specified authority or person any such information in his possession concerning any opium as may be specified in the order.
2. (2) If any person fails to furnish any information in compliance with the order made under sub-section
3. (1) or furnishes false information, he shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees”. 8. Amendment of section In section 14 of the Principal Act,—
4. (1) For the words “any officer of any of the Department of Excise, Police, Customs, Salt, Opium or Revenue superior in rank to a peon or a constable”, the following shall be substituted, namely:— “any officer not below the rank of a Sub-Inspector of the Department of Excise, Customs, Police, or Opium and any officer, not below the rank of a Naib Tahsildar, of the Revenue Department”.
5. (2) For the words “between sunrise and sunset” the words “at any time by day or night” shall be substituted; and
6. (3) In clause
   • (c) after the words “relating to opium” the following shall be inserted, namely:— “and also any other thing or document which throws or is likely to throw any light on the alleged offence;” 9. Amendment of section To clause
   • (a) of section 15 of the Principal Act, the following shall be added, namely.— “and also any other thing or document which throws or is likely to throw any light on the alleged offence. and”. 10. Amendment of section In section 17 of the Principal Act, for the words “the officers of the several departments mentioned in section 14” the words “officers referred to in sections 14 and 15” shall be substituted. 11. Amendment of section For section 20 of the Principal Act, the following sections shall be substituted, namely.— Powers of certain officers of Excise Department , with regard to offences., “20. Every officer of the Department of Excise not below the rank of a Sub-Inspector or any other officer of the Customs, Police or Revenue Department specially empowered in this behalf by the State Government under a notification in the Official Gazette shall investigate offences and grant bail to the persons arrested under this Act. 20-A.
7. (1) When any person is arrested or any opium or other thing is seized under the provisions of this Act, the person making the arrest or seizure shall if he is an officer of the Excise Customs, Police or Revenue Department, forthwith forward the person arrested or the thing seized to the nearest officer of the Excise Department empowered under section 20, unless he is himself so empowered.
8. (2) When any person is brought in custody before an officer empowered under section 20, or when such officer had him arrested or procured the appearance by summons under section 20-D of any person, he shall make such investigation as seem to him necessary, and shall either release such person or admit him to bail to appear, or if bail is not given, produce him or cause the officer-in-charge of the nearest police station to produce him before a Magistrate having jurisdiction in the case: Provided that if the investigation is not completed within twenty-four hours of the arrest said officer may take bail with or without security from the person arrested to appear on any subsequent date before himself and shall, if such bail is not given, forthwith forward the arrested person to nearest Magistrate with a report of the case and a request to detain him in custody for such period not exceeding fourteen days as may be necessary to complete the investigation and to order his production before the said officer when necessary for such investigation.
9. (3) The Magistrate to whom an arrested person is so forwarded, whether he has or has not jurisdiction to try the case may , by order in writing stating the reason therefor, authorise the detention of the arrested person in default of bail in such custody as he thinks fit for a term not exceeding fourteen days in the whole. Power of investigating officer to summon witnesses 20-B.
10. (1) an officer empowered under section 20 may summon any person to appear before himself to give evidence or to produce any document necessary for the purposes of an investigation.
11. (2) Such summons shall state whether the person summoned is required to give evidence or to produce a document or both, and shall specify a time and place for appearance.
12. (3) It shall be lawful for such officer instead of issuing a summon to proceed to the residence of any person whom by reason of sickness or other infirmity or by reason of rank of sex it may not seem proper to summon, and may require him to answer such question as may be necessary for the purpose of the investigation.
13. (4) Any person examined in accordance with the provision of sub-section
14. (1) or sub-section
15. (3) shall be bound to answer all questions relating to the investigations put to him by such officer, other than questions the answer to which would have a tendency to expose him to criminal charge or to a penalty or forfeiture.
16. (5) The provision of section 162 of the Code of Criminal Procedure, 1898, shall apply to the statements made by any person under this section.
17. (6) No oaths shall be administered to any such person. Power of investigating officer to release accused when evidence deficient. 20-C. If upon an investigation under this Act it appears to the officer in charge of such investigation that there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall release him on his executing a bond with or without sureties as such officer may direct to appear, if and when so required before a Magistrate having jurisdiction. Power of certain officer to summon suspected persons. 20-D. When any officer of the Excise Department empowered under section 20 to investigate offences has reasonable grounds for believing that any person has committed an offence under this Act, he may after recording his reason in writing and either with or without previous investigation, summon such person to appear before him. Summoning of witnesses, etc., how to be made. 20-E. The provisions of the Code of Criminal Procedure, 1898¹ ralating to summons and compelling the appearance of, persons summoned and the production of documents shall apply as far as may be, in the case of any summons issued by an officer empowered to issue a summons under this Act. Procedure in case of forfeiture of bond. 20-F. When it appears to an officer empowered under section 20 that a bond for appearance before himself has been forfeited, he shall forward the bond to the Magistrate having jurisdiction to try the offence of which the person bailed was accused together with a report in writing giving the reasons for his belief and the relevant document and the Magistrate shall deal with the matter in the manner provided by the Code of Criminal Procedure, 1898,¹ for the forfeiture of bonds for appearance before his own court. Jurisdiction on Magistrate on receipt of report from Excise Officer. 20-G. When an officer empowered under section 20 to investigate offences or grant bail forwards in custody any person accused of an offence under this Act to the Magistrate having jurisdiction to try the case, or admits any such person to bail to appear before such Magistrate, he shall submit a report setting forth the name of the accused person and the nature of the offence with which he was charged and the names of the persons who appear to be acquainted with the circumstances of the case, and shall send to such Magistrate any article which it may be necessary to produce before him. Upon receipt of such report the Magistrate shall inquire into such offence and try the person accused there of in like manner as if such report is a report in writing made by a police officer under clause
    • (b) of sub-section
18. (1) of section 190 of the Code of Criminal Procedure, 1898¹. Attendance of witnesses before Magistrate. 20-H. An officer acting under the provisions of section 20-G shall have all the powers conferred by the Code of Criminal Procedure, 1898¹ on an officer-in-charge of a Police Station for the purpose of causing the appearance before the Magistrate of persons acquainted with the circumstances of the case. Police to take charge of articles seized. 20-I. All officers-in-charge of Police Station shall take charge of and keep in safe custody, pending the order of Magistrate or an investigating officer, all articles seized under this Act which may be delivered to them, and shall allow any investigating officer who may accompany such articles to the police station, or who may be deputed for the purpose by his superior officer to affix his seal to such articles and to take samples of and from them. All samples so taken shall also be sealed with the seal of the officer-in-charge of the police station and with the seal of the accused or his agent, if he is available. All such packets of sample shall be signed by the accused or his agent, if he is available.”