 the opium laws (amendment) bill, 1957(as introduced in lok sabha)  the opium laws (amendment) bill, 1957 (as introduced in lok sabha) a billfurther to amend the opium act, 1878 and the dangeroul drug act, 1930 be it enacted by parliament in the eighth year of the republic of india as follows:-1 this act may be called the opium laws (amendment) act, short tifle 1957 i of 1878 s z in the opium act, 1878 (hereinafter referred to as the opium ar=ment act), in the definition of "opium" in section 3, for clause (i), the 0 on 3 following clause shall be substituted, namely:-"(i) the capsules of the poppy (papaver somniierum l), whether in their original form or cut, crushed or powdered, and 10 whether or not juice has been extracted therefrom;" , 3 in section 9 of the opium act, for the words icshall, on convic- amendmeat tion before a magistrate, be punished for each such offence with ofaoction p imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both;", the is following words shall be substituted, namely:-"shall, on conviction before a magistrate, be punishable for each such offence imprisonment which may extend to three years, or without fine;" ~~'f~~ 4 in section 14 of the opium act, for the words "any officer of o on any of the departments of excise, police, customs, salt, opium or revenue superior in rank to a peon or constable, who may in right of his office be authorized by the state government in this behalf, and", the following words shall be substituted, namely:-s "any officer of the department of central excise, narcotics, drugs control, customs, revenue, police or excise, superior in rank to a peon or constable, authorized in this behalf by the central government or the state government," amendment of iection 2 5 in the dangerous drugs act, 1930 (hereinafter referred to as 10 2 of 1930 the dangerous drugs act), in clause (e) of section 2, for subclause (£) ,the following sub-clause shall be substituted, namely:-"(i) the capsules of the poppy (papaver '8omntferum l), whether in their original form or cut, crushed or powdered, and whether or not juice has been extracted therefrom;" is amendment 6 in sections 10, 11, 12, 13, 14 and 15 of the dangerous drugs ~fl~~,io, act, for the words "shall be punished with imprisonment which 14 and is· may extend to two years, or with fine, or with both", tile words "ahall be punishable with imprisonment which nmy extend to three years, with or without fine" shall be substituted 20 amendmeot 7 in sections 16 and 17 of the dangerous drugs act, for the of sectiona 16 words "or to fine or to both" the words "with or without fine" and 17 "  shall be substituted amendment 8 in sub-section (1) of section 23 of the dangerous drugs act, oflection 23· for the words "any officer of the department of excise, polie,2s customs,  sal t, qpium or revenue, superior in rank· to a peon or constable, authorized in this behalf by the state government,", the following words shall be substituted, namely:-"any officer of the deparlment of cenal exc~, narcotics, di'1lgs control, ,customs, revenue, police or excile, ,superior 30 in rank to a peon or constable, authorized in this behalf by the central government or the state government," "f section 31 of the dangerous drugs act shall be omitted oml8lionef lcction31  statement of objects and reasonsamong the substances included in the definition of "opium" in the opium act, 1878 (1 of 1878) and in the dangerous drugs act, 1930 (2 of 1930) are capsules of the poppy (papaver 80mniferum l,) ,crushed capsules commonly called poppy husk or "bhuki", whether extracted or not, contain a certain percentage of morphine and are often used as addiction producing intoxicants the government has been administering the acts in the view that c4psules ·included crushed capsules as well; but a recent decision of the punjab high court has ruled that the present definition of opium does not cover crushed capsules, that is, poppy husk the definitions in the two acts are now sought to be amended so as specifically to cover crushed capsules, 2 advantage is ,taken of this opportunity to enhance the punishment for certain offences relating to opium and other narcotic drugs as a measure of precaution against any possible increase in the smuggling of opium for illicit consumption after the 31st march, 1959,when consumption of opium except for medicinal or research purposes is to be completely eliminated power is also taken to empower other officers to exercise the powers of search, seizure and arrest under the two acts t t krlshnamaohari 1bw;ddm:; the 13th november, 1957  extracts from the opium act, 1878 (1 of 1878) - • - •interpret 8-3 in this act, unless there be something repugnant in the tion c)auae subject or context,-"opium" means--(i) the capsules of the poppy (papaver somniferum l) ; - - - - penalty for 9 any person who, in contravention of this act, or of rules illepl cu1ti- made and notified under section 5 or section 8,- - vdtion of poppy etc (a) possesses opium, or (b) transports opium, or (c) imports or exports opium, or (d) sells opium, or (e) omits to warehouse opium, or removes or does any act in respect of warehoused opium, and any person who ~therwise contravenes any such rule, shall, on conviction before a magistrate, be punished for each such offence with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both; and, where a fine is imposed, the convicting magistrate shall direct the offender to be imprisoned in default of payment of the fine for a term which may extend to six months, and such imprisonment shall be in excess of any other imprisonment to which he may have ;been sentenced - - - - power to enter arrest and seize, on information that opium it unlawfully 14 any officer of any of the departtnents of excise, police, customs, salt, opium or revenue superior in rank to a peon or constable, who may in right 'of his office be authorized by the state government in this behalf, and who has reason to believe, from personal knowledge or from information given by any person and taken down in writing, that opium liable to confiscation under this kept in any act is kept or concealed in any building, vessel or enclosed place, ;l:aed may, between sunrise and sunset,-(a) enter into any such building, vessel or place; (b) in case of resistance, break open any door and remove any other obstacle to such entry; (c) seize such opium and any other thing which he has reason to believe to be liable to confiscation under section 11 or any other law for the time being in force relating to opium; and (d) detain and search, and, if he think proper, arrest, any person whom he has reason to believe to be guilty of any offenc~ relating to such opium under this or any other law for the time being in force - - - - extracts from the dangerous drugs act, 1930 (2 of 1930) - - - - 2 in this act, unless there is anything repugnant in the subject definitions or context,-- - - - (e) "opium" means-(i) the capsules of the poppy (papaver somniferum l); - - - -  chapter iii offences and penalties10 whoever-puniahment for contra-(a) cultivates any coca plant or gathers any portion of a vention of· coca plant, section 4-(b) manufactures or possesses prepared opium otherwise than as permitted under section 4, or (c) imports into india, exports from india, tranships or sells prepared opium, shall be punished imprisonment which may extend to two years, or fine, or both: provided that this section shall not apply to the cultivation: of any coca plant or to the gathering of any portion thereof on behalf of" the government punishment 11 whoever, in contravention of section 5, or any rule made for contravention of under that: section, or of any condition of a licence granted theresection s under, (a) cultivates the poppy, or (b) , manufactures opium, shall· be punished with imprisonment which may extend, to two years, or with fine, or with both punishment for contravention of section 6 12 whoever, in contravention of section 6, or any rule made under that section, or any condition of a licence granted thereunder, manufactures any manufactured· drug, shall be punished with imprisonment which may extend to two years, or with fine, or with both puniehment 13 whoever, in contravention of section 7, or any rule made for contravention of under that section, or any condition of a licence granted thereunder, scction 7 (a) imports into india, (b) exports from india, or (c) tranships, any dangerous drug, shall be punished with imprisonment which may extend to two years, or with fine, or with both 14 whoever, in contravention of section 8, or any rule made under that section, or any condition of a licence issued tbereumler; puniehment for contravention of acction 8; (a) imports or exports inter-provincially, transportaf ~ ses or sells any manufactured drug or coca leaf, or (b) manufactures medicinal opium or any preparations containidg morphine, diacetylmorphine or· cocaine, shall be punished imprisonment which may earteadto t~"earsl or fine, or both -15 whoever, beins the owner or occupier or having the use of pudilhmcnt any house, room, enclosure, space, vessel, vehicle, or place, knowing- ~%:!1:~ iy permits it to be used for the commission by any other person of be uicd for  1 3 tbe comuu  an offence purushable under section 10, section 2, section 1 , or lion of an section 14, shall be punished with -imprisonment which may extend oft'enc:e to two years, or with fine, or with both 16 whoever, having been convicted of an offence punishable enbanc:ed under section 10, section 12, section 13, or section 14, is guilty of f:nc!t;::t any offence punishable under any of those sections,  hall be ~ubject ofren;cel after for every such subsequent offence to imprisonment which may ex- =:~:d tend to four years, or to fine, or to· both 17 whoever, having been convicted of an offence punishable ~~ under sectioi»15, is again giililty of an oftence punishable under that ~iren:t section, shall be subject for every such subsequent offence to und~ •• - bectlon is imprisonment which may extend to four years, or to fine, or to after previoua both conviction - - - - 23 (1) any officer of the department of excise, police, customs, power ~ salt, opium, or revenue, superior in rank to a peon or constable, :f::e1c and authorized in this behalf by the state government, who has reason arrest withto believe, from personal knowledge or from information given by out warrant any person and taken down in writing, that any dangerous drug in' respect of which an offence punishable under chapter iii has been committed is kept or concealed in any building, vessel or enclosed place, may, between sunrise and sunset,-(4) enter into any such nuilding, vessel or place; (b) in case of resistance, break open any door and remove any other obstacle to such entry; (c) seize such drug and all materials used in the manufacture thereof and any other article which he has reason to believe to be liable to confiscation under section 33 and any document or other article which he has reason to belie'le may furnish evidence of the commission of an offence punishable under chapter iii relating to such drug; and (d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed an offence punishable under chapter iii relating to such drug: provided that if such officer has reason to beheve that a search warrant cannot be obtained without affording opportunity for the concealment of evidence or faci~ty for the escape of an offender, he may cter and search such building, vessel or enclosed place at any time between sunset and sunrise, after recording the grounds of his belief - - - - j uriedictioo to try oft'encea 31 no magistrate shall try an offence under this act unl~ he is a presidency magistrate or a magistrate of the first class, or a magistrate of the second class specially empowered by the appropriate government in this behalf  -  a bill further to amend the opium aa, 1878 and the dangerous drugs aa, 1930(sian tt kr;sjmamachari, mintster oj f~) 