Insertion of new sections

After section 9 of the Principal Act, the following new sections 9—A, 9—B, 9—C, 9—D, 9—E, 9—F, 9—G, 9—H, 9—I, and 9—J shall be added.

Import, export, transport, sale or possession by one person on account of another. "9—A.

1. (1) When opium is imported, exported, tranported, sold or possessed by any person on account of other person and such other person knows or has reason to believe that such import, export, transport, sale, or possession is on his account, the opium shall, for the purposes of this Act, be deemed to be imported, exported, transported, sold or possessed by such other person.
2. (2) Nothing in sub-section
3. (1) shall absolve any person who imports, exports transports, sells, or possesses opium on account of another person, from liability to any punishment under this Act, for the unlawful import, export, transport, sale or possession of such opium. Criminal libility of licensee for acts of servants. 9—B. When any offence punishable under section 9 is committed by any person in the employ and acting on behalf of the holder of a licence, permit or pass granted under this Act, such holder shall also be punishable as if he had himself committed the offence, unless he establishes that all dues and reasonable precautions were exrcised by him to prevent the commission of such offence. Penalty for certain acts by licensee or his sarvant. 9—C. If the holder of any licence, permit or pass granted under this Act, or any person in his employ and acting on his behalf—
   • (a) fails to produce without satisfactory explanation such licence, permit or pass on the demand of any officer empowered by the State Government by notification in the Official Gazette to make such demand, or
   • (b) in any case not provided for by section 9, wilfully contravenes any rule made under section 5 or section 8, or
   • (c) wilfully and knowingly does any act in breach of any of the conditions of the licence, permit or pass, for which a penalty is not prescribed elsewhere in this Act, he shall, for every such offence, be punished with fine which may extend to five hundred rupees. Penalty for possession of opium in respect of which any offence has been committed. 9—D. If any person without lawful authority has in his possession any quantity of opium knowing the same to have been unlawfully imported, transported or manufactured or knowing that the prescribed duty has not been paid there he shall be furnished with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees or with both. Penalty for allowing premises to be used for commission of offence. 9—E. Whoever, being the owner or occupier or having the use of any house, room encloser, space, vessel, vehicle or place knowingly permits it to be used for the commission by any other person of an offence punishable under section 9 on conviction be punishable with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees or with both. Penalty for attempting or abetting offence. 9—F.
4. (1) Whoever attempts to commit an offence punishable under this Act, or to cause such an offence to be committed and in such attempt does any act towards the commission of the offence, shall on conviction, be punishable with punishment provided for the offence.
5. (2) Whoever abets an offence punishable under this Act shall, whether such offence be or be not committed in consequence of such abetment, and notwithstanding anything contained in section 116 of the Indian penal Code, on conviction, be punishable with the imprisonment provided for the offence. Explanation.—The word "abets" as used in this section and section 9-G has the same meaning as in section 107 of Indian Penal Code. Penalty attempting or abetting offence outside [Madhya Pradesh]¹ 9—G. Any person who in [Madhya Pradesh]¹ attempts or abets the commission in any place outside [Madhya Pradesh] of any offence punishable under this Act or under the provision of any corresponding law in force in that place, or does any act preparatory to, or in furtherance by any act which, if committed in Madhya Pradesh]¹, would constitute an offence under this Act, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees or with both. Explanation.— The offences referred to in this section are independent of the existence, location, possession, orginal destination or other attribute of the opium to which they relate. Enhanced punishment after previous conviction. 9—H. Whoever, having been convicted of an offence punishable under sections 9, 9—A, 9—B. 9—C. 9—D. 9—E, 9—F and 9—G, [is again convicted]² of any offence punishable under any of those sections, shall be liable for each subsequent offence to twice the punishment which might be impossed on a first conviction under this Act: Provided that nothing in this section shall prevent any offence, which might otherwise have been tried summarily under Chapter XXII of the Code of Criminal Procedure, 1898³ from being so tried. Special provision regarding fine 9—I. Notwithstanding any thing contained in section 32 of the Code of Criminal Procedure , 1898¹ it shall be lawful for any Magistrate of the first class to pass a sentence of fine exceeding one thousand rupees on any person convicted of contravening the provisions of section 9 to 9—G. Security for abstaining from commission of certain offences. 9-J.
6. (1) Whenever any person is convicted of any offence punishable under section 9 to 9 G and the Magistrate convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of offence punishable under those section, the Magistrate may at the time of passing sentence on such person, order him to excute a bond for a sum proportionate to his means, with or without sureties, for abstaining from the commision of such offences dring such period not exceeding three years. The Magistrate shall, in his order, also specify the term of imprisonment the accused shall serve in the event of his failure to execute bond, such term not exceeding one year in any case.
7. (2) The bond shall be in the form contained in the Schedule hereto annexed, and the provisions of the Code of Criminal Procedure, 1898¹ shall, in so far as may be, 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 the said Code.
8. (3) If the conviction be set aside on appeal or in revision the bond so executed shall become void.
9. (4) An order under this section may also be made by an appellate court or by the High Court when exercising its powers of revision."