The Opium (Manipur Amendment) Act, 1976

FEET Ru te SO. JR RTs Be et A Tal I I i ah Die of hese Lal n N als a. ISSIR Tvl MA Saw of Publicatint LAY THE OPIUM (MANIPUR AMENDMENT) Sih 1976 *- (As passed by ‘the Legislative Assembly, Manipur on 8-9-76) = < AR : pir AR to amend the Opiur® Act, 1878 (I of 1878) Be if enacted by the Legislature 'of Manipur in the Twenty-Seventh

(1) This Act may be called the Opium (Manipur Amendment) Act, 1976. (2) It shall come into force at once.

Section 20 of the Opium Act, 1878 (1 of 1878), shall be substituted in its application in the State of Manipur by the following sections:— 20. (1) The State Government may, by notification in the Official Gazette, authorise any officer of the Excise and Police Department to investigate offences and to grant bail to persons arrested under this Act. (2) The State Government may, from time to time determine the form of bail bond to be used. 20A. (1) When any person is arrested or any opium or 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 or Police Department, forthwith forward the person arrested or the thing seized to the nearest officer of his department empowered under Section 20 unless he is himself so empowered. (2) When such arrest or seizure is made by any officer referred to in Section 14 or Section 15 other than an officer of the Excise or Police Department, he shall forthwith forward the person arrested or the thing seized to the nearest officer of the Excise or Police Department empowered under Section 20 and having jurisdiction in the case. (3) When any person is brought in custody before the officer empowered under Section 20, or when such officer has himself arrested or procured the appearance by summons under Section 20-D of any person, he shall make such investigation as seems 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, the said officer shall 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 the 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. (4) 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 therefore, authorise the detention of the arrested person in default of bail to such custody as he thinks fit for a term not exceeding fourteen days on the whole. 20B. (1) An officer empowered under Section 20 may summon any person to appear or to produce any document necessary for the purpose of investigation. (2) Such summons shall state whether the person summoned is required to give evidence or produce a document or both, and shall specify a time and place for appearance. (3) It shall be lawful for such officer, instead of issuing a summons, to proceed to the residence of any person whom by reason of sickness or other infirmity or by reason of his rank or title it may not seem proper to summon, and then require him to answer such questions as may be necessary for the purposes of the investigation. It shall also be lawful for such officer to examine any person who may appear before him to give evidence or produce any document necessary for the purposes of investigation, although the said person appears in aid and no summons has been issued to him. (4) Any person examined in accordance with the provisions of sub-section (1) or sub-section (3) shall be bound to answer all questions relating to the investigation put to him by such officer other than the questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or to forfeiture. (5) The provisions of Section 162 of the Code of Criminal Procedure, 1973, shall apply to the statements made by any person under this section. No oath shall be administered to any such person. 20C. Upon an investigation under the Act, it appears to the officer in charge of such investigation that there is no sufficient evidence or reasonable grounds 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 for trial. 20D. 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 reasons in writing and either with or without previous investigation summon such person to appear before him. 20E. The provisions of the Code of Criminal Procedure, 1973 relating to summons and compelling the appearance of persons summoned and the production of documents shall apply, as far as may be, in the case any summons issued by an officer empowered to issue a summons under this Act. 20F. 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 documents and the Magistrate shall deal with the matter in the manner provided by the Code of Criminal Procedure, 1973, for the forfeiture of bonds for appearance before his own court. 20G. When an officer of the Excise or Police Department forwards in custody any person accused of an offence under this Act to the Magistrate having jurisdiction to try the case, or admits any 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 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 thereof in the like manner as if such report in writing made by a police officer under clause (b) of sub-section (1) of Section 190 of the Code of Criminal Procedure, 1973. 20H. An Officer acting under the provisions of Section 20G shall have all the powers conferred by the Code of Criminal Procedure, 1973, on the officer-in-charge of a police station for the purpose of causing the appearance before the Magistrate of person acquainted with the circumstances of the case. 20I. All officers-in-charge of police station shall take charge of, and keep in safe custody, pending the orders of a Magistrate or an investigating officer, all articles seized under this Act which may be delivered to them, shall allow any investigation 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 or samples shall be signed by the accused or his agent, if he is available. 20J. Every Excise or Police Officer making an investigation under this Act shall, day by day, enter his proceedings in the investigation in a diary, setting forth the time at which he began and closed the investigation, the place or places visited by him and a statement of the circumstances ascertained from day to day until the investigation is closed.

or thing is seized under the provisions of this Act, the ticles seized, persen making the arrest or seizure shall if he is an officer Low toute of the Excise or Police Department, forthwith forward the person arrested or the thing seized ‘0 the nearest officer

_ of his department empowered under Section 20 unless he is himself so empowered.

1. (2) When such arrest or seizure is made by any officer referred to in Section 14 or Section 15 other than an officer - of the Excise or Police Department, .ke shall forthwith ‘forward the person arrested-or the thing seized to the nearest
   • • officer of the Excise. or Police Department empowered under ’ Section 20 and having jurisdiction in the case. :
2. (3) When any person is brought in custody before the officer empowered under Section 20, or when such officer has himself arrested or procured the appearance by summons under Section 20-D of. any. person, he shall make such investigation as seems to bim necessary, and shall either - release such person or admit him to ba#l to appear, oF ‘- 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 : * PR. Provided that if the investigation is: nay complgted within twentyfour hours of the arrest, the spid officer shall take bail with or without security from the person arrested - to appear on any subsequent date before hingself, and shall, if such bail is not given, forthwith forward the arrested person to the 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.
3. (4) The Magistrate to whom an arrested person is go : forwarded, whether hg has or has not jyrisdiction, to try the case, may, by order in writing. stating the reason therg- | fore, authorise the detention of the arrested person in default of bail to such custody as he thinks fit for a term not exceeding fourteen days on the whole. . ‘Power of in- 20.B. (1) An officer empowsred under Section 20 may Tetioating summon any person to appear before himself to give evidenge summon or to produce any document necessary for the purpose of es OF investigation. . them other- wise. (2) Such summons shall state whether the person . summoned is" required to give evidence or produce a docu- + ment or both, and shall specify a time and "place for appearance. (3). It:shall be lawful for such officer, instead of iswiing a summons, to progeed to the residence of any person whom: by reason of sickness or other infirmity or by reason of rapk er sex, it may mot seem proper to summon, and
   • • then require: him to amswer such .questions. as may be Reosusary for Us prposss of the imvestimation. Jt hal alse, be lawful for such officer to sxamine ad person who may. appear befors him fo sive ewdence or produce any . document necessary for the purposes of investigation, although the said person appears voluntaiily and no simmons has been issued to him. SRR SR . © (4) Any person examined in accordance with the provi- sions of sub-section: (1), oF sub-section (3) shall he baund to answer all questions relating to the investigation put to | him by such officer other than the questions the answers to which would have a tendency to ‘expose him to a eritoinal charge or to a penalty or for forfeiture. Rof 1974. (5) The provisions of Section 162 of the Code of Criminal Procedure; 1973, shall apply to the statements made by any person under this section.

If upon an inyestigation under the Act, it appears Power of to the officer in charge of such investigation that there is no investigstng sufficient evidence. or. reasonable grounds of suspicion to justify lease accu- the forwarding of the accused to a Magistrate, such officer =d yh shall release him on his executing a bond with or without deficient. sureties as such officer may direct, to appear if and when so required before a Magistrate for trial. : i

wered under Section 20 to investigate offences has reasonable posi om grounds for believing that any person has committed an OR suspec- offence under this Act, he may, after recording his reasons in ted persons. writing and either with or without previous investigation summon such person to appear before him. -

3 of 1974. 20E. The provisions of the Code of Criminal Procedure, Summofing 1973, relating to summons and compelling the appearance of ste. how to persons summoned and the production of documents shall . apply, as far as may be, in the case any summons issued by an officer empowered to issue a-summons under this Act.

20f 19%. 20F.. When it appears to an officer empowered under Procedure Section 20 that a bond for appearance before himself bas been In forfeiture forfeited, be shall forward the bond to the Magistrate having uridiction to try, the offencs of which the person bailed: was

accused together with a report in writing giving the reasons for his belief and the relevant documents and the Magistrate shall deal with the matter in'the manner provided by the Code of Criminal Procedure, 1973, for the forfeiture of bonds for appearance before his own court, - Jurisdiction 20'G. When an officer of the Excise or Police Depart- of Mags ment forwards in custody any person accused of an offerice int king under this Act to the Magistrate having jurisdiction to try the Excise Offi- case, or admits any person to bail to appear before such ot 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 persons who appear to be acquainted with the circumstances of the case, and shall send to such Magistrate any article which it may be necsssary to produce before him. Upon receipt of such report the Magis- trate shall inquire into such offence aad try the person accused thereof in the like manner as if such report in writing made ’ “3 by a police officer under clause (b) of sub-section (1) of of 1§ Section 190 of the Code of Criminal Procedure, 1973, Attendance 20 H. An Officer acting under the provisions of Section of Milcases 20G shall have all the powers conferred by the Code of gistrate. Criminal Procedure, 1973, on the officer-in-charge of a police 8 of 1s : station for the purpose of causing the appearance before the Magistrate of person acquainted with the circumstances of the case. Police to 201. All officers-in-charge of police station shall take fake charge charge of, and keep in safe custody, pending the orders of seized. a Magistrate or an_ investigating office, all articles seized under this Act which may be delivered to them, shall allow any investigation 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.

Every Excise or Police Officer making an investiga. Diary of tion under this Act shall, day by day, enter his proceedings 4 essing in the investigation in a diary, setting forth the time at gation. which he began and closed the investigation, the place or places visited by him and a statement of the circumstances ascertained from day to day until the investigation is closed.