The West Pakistan
Prohibition of Opium Smoking Ordinance, 1960
(W.P. Ordinance II of
1960)
20nd July 1960
An Ordinance
to amend and consolidate the law relating to the prohibition of opium smoking
in the Province of West Pakistan
Preamble:---
WHEREAS
it is expedient to amend and consolidate the law relating to the prohibition of
opium smoking in the Province of West Pakistan ;
NOW,
THEREFORE, in pursuance of the Presidential Proclamation of the seventh
day of October, 1958, and having received the previous instructions of the
President, the Governor of West Pakistan is pleased, in exercise of all powers
enabling him in that behalf, to make and promulgate the following Ordinance :
--
1.
Short title and extent:-- (1) This Ordinance may be called
the West Pakistan Prohibition of Opium Smoking Ordinance, 1960.
(2) It extends to the whole of Pakistan
2.
Definitions:-- In this Ordinance, unless the
context otherwise requires, the following expressions shall have the meanings
hereby respectively assigned to them, that is to say:--
(a) “Collector” means any officer
appointed by Government to discharge throughout any specified local area the
functions of a Collector under this Ordinance;
(b) “excise officer” means an officer
of the Excise Department not below the rank of a Sub-Inspector;
(c) “Government” means the Provincial
Government;
(d) “opium” means any product of
opium obtained by any series of operations designed to transform opium into an
extract suitable for smoking, and the dross or other residue remaining after
opium is smoked, and includes Chandu, Madhak and every other preparation or
admixture of opium which may be used for smoking; and
(e) “place”, includes a building,
house, shop, booth, chhaper, tent, vessel, raft and vehicle or any part
thereof.
3.
Prohibition of opium smoking:-- No person shall manufacture,
possess or smoke opium, or possess any implement or appratus used, or capable
of being used, exclusively for the manufacture of opium, or any pipe or utensil
for smoking opium.
4.
Offences and punishments:-- Whoever contravenes the provisions
of section 3 of this Ordinance, shall be punished with simple or rigorous
imprisonment for a term which may extend to two years or with fine which may
extend to two thousand rupees or with both.
5.
Penalty when owner fails to give notice of use of place for opium smoking,
etc.:-- Whoever being an occupier or owner of, or having any
concern in, the management of any place, permits such place to be used, or
knowing or having reason to believe that such place is being or is about to be
used for the purposes of opium smoking or manufacture of opium in contravention
of the provisions of this Ordinance, fails either himself or through his agent
or manager to give the earliest possible notice of such knowledge or belief to
the Collector or to an excise officer or to the officer incharge of the nearest
police station, shall be punished with fine which may extend to five hundred
rupees.
6.
Penalty for keeping or using a place used for opium smoking:--
Whoever keeps or uses any place or permits any place to be kept for the
purposes of opium smoking or manufacture or possession of opium or has in his
care or management, or in any way assists in conducting the business or, any
place used or kept for the aforesaid purpose, shall be punished with simple or
rigorous imprisonment for a term which may extend to one year, or with fine
which may extend to one thousand rupees, or with both.
7.
Penalty for offences not otherwise provided for:--
Whoever is guilty of any act or intentional omission in contravention of any of
the provisions of this Ordinance and not otherwise provided for herein shall be
punished for every such act or omission with a fine which may extend to two
hundred rupees.
8.
Presumption raised by presence of opium smoking appliances:--
Whenever any person is found in possession of any pipes or utensils ordinarily
used for opium smoking or of any apparatus used in the manufacture of opium, it
shall be presumed, unless the contrary is proved, that he has manufactured or
smoked opium.
9.
Search warrants and powers to search:-- If a
Collector, a District Magistrate, a Sub-Divisional Magistrate or a magistrate
of the first class, upon information received and after such inquiry, if any,
as he considers necessary, has reason to believe that any place is being or is
likely to be used for the commission of an offence punishable under section 4,5
or 6, he may issue a warrant to an excise officer authorising him:--
(a) to enter and search such place by
day or night, accompanied by any person whose assistance such officer may
consider necessary for the discovery of any opium or any appliance for the
preparation of opium or for opium smoking in such place;
(b) to arrest and search all or any
such persons as may be found in such place and reasonably believed by the
excise officer to be guilty of an offence punishable under this Ordinance,
whether they are actually engaged in opium smoking or not; and
(c) to seize all appliances for opium
smoking or for the manufacture of opium which may be found in such place.
10.
Powers of excise officers to search without warrant:--
(1) Whenever an excise officer has reason to believe that an offence punishable
under section 4,5 or 6 has been, is being or is about to be committed in any
place and that a search warrant under section 9 cannot be obtained without
affording the offender an opportunity of escape or of concealing evidence of
the offence, he may, at any time, after recording his reasons, take such action
as he could have taken if a warrant in respect of the said offence had been
issued to him under section 9.
(2) The excise officer taking any
action under sub-section (1) shall, as soon as possible, intimate in writing
the action taken and the grounds of his belief to the magistrate having
jurisdiction in the place.
11.
Procedure for arrest, etc.:-- The provisions of the Code of
Criminal Procedure, 1898, relating to arrest, detention in custody, execution
of warrants and searches shall be applicable to all actions taken in these
respects by an excise officer under this Ordinance.
12.
Special powers of excise officer:-- (1) Government may, by
notification, invest any excise officer, by virtue of his appointment, with
power to investigate any offence punishable under this Ordinance committed
within the limits of the area in which such officer exercises jurisdiction.
(2) Every excise officer empowered
under sub-section (1) may, within the said limits, exercise, as far as may be,
the same powers in respect of such investigation as an officer incharge of a
police station may exercise in a cognizable case under the provisions of
Chapter XIV of the Code of Criminal Procedure, 1898.
13.
Bail and security:-- When any person arrested under this
Ordinance is prepared to furnish bail, he shall be released on bail or, at the
discretion of the officer making the arrest, on his own bond.
14.
Aid to excise officer:-- Every officer of the Police and
Revenue Department shall be bound upon request made in that behalf to render
lawful aid to any excise officer while acting under the provisions of this
Ordinance.
15.
Confiscation and destruction of opium and things seized:--
Any implement or apparatus used or capable of being used exclusively for the
manufacture of opium and any pipe or utensil for smoking opium, wherever found,
shall be confiscated and destroyed under the orders of a magistrate having
jurisdiction in the area where such implement, apparatus, pipe or utensil is
found.
16.
Offences to be triable by first class magistrates only:--
No Magistrate other than a magistrate of the first class shall try any offence
punishable under this Ordinance.
17.
Bar of suits and proceedings:-- No suit or proceedings shall lie in
any civil or criminal court for any act in good faith done or ordered to be
done in pursuance of this Ordinance.
18.
Repeal:-- The enactments specified in the first three columns of the
Schedule are hereby repealed to the extent mentioned in the fourth column
thereof.
SCHEDULE
(See SECTION 18)
|
Year
|
No.
|
Short title
|
Extent of repeal
|
|
1
|
2
|
3
|
4
|
|
1940
|
XX
|
The
|
The whole.
|
|
1948
|
VII
|
The
|
(i) In
clause (iv) of section 2, the words “and opium smoking”
(ii) In section
3, clause (c).
|
|
1950
|
IV
|
The
|
The whole.
|
|
1953
|
XIII
|
The
|
The Whole.
|
|
1954
|
IV
|
The
|
The whole.
|
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