Published vide Punjab Government Notification No. 5685 E&T- 54/2503 dated 10th December 1954
hl179
These rules may be cited as the Punjab Opium Confiscation and Rewards Rules, 1954, and shall come into force with immediate effect and shall extend to the whole of the State of Punjab.
[1. (1) These rules may be called the Punjab Opium Confiscation and Rewards Rules, 1954.
(2) They shall extend to the whole of the State of Punjab and shall also extend the territories which immediately before the 1st November, 1956 were comprised in the territory of Patiala and East Punjab State Union.
1A. All things, in regard to which an order is passed under the provisions of the Opium Act, 1878 (Central Act 1 of 1878), that they are confiscated, shall be delivered to the Deputy Commissioner of the District in which such order is passed.]
[2. All Confiscated opium shall be sent to Ghazipur Opium Factory by goods train, freight to pay, in two lots, that is on the 1st June and 1st December, each year; provided that the minimum quantity to be sent shall not be less than 4.670 Kg. Where, however, a less quantity of opium is available, it shall be sent only once a year.
Note. - The Government of India have agreed to bear the transport and packing expenses. The bill for packing charges may be presented separately to the Opium Agent, Ghazipur, who will reimburse the Government of Haryana in due course through book transfer, along with the value of the contraband opium calculated at the rate applicable to "Inferior Opium Class B.]
[2A. In case of smuggling of opium wherein the opium seized -
(a) relates to illegal imports or exports which present any doubt in determining their origin, or
(b) is suspected to relate to cases of international character and the quantity of opium thus seized is fifteen kilograms or more, or
(c) though admittedly of India origin the quantity of opium thus seized is fifty kilograms or more, a sample of two kilograms of opium in each case shall be drawn at the time the opium is confiscated and shall be sent to the Chemical Examiner to Government, [Haryana].
2B. (1) Confiscated capsules of the poppy Papaver somniferum L. whether or not in their original form, crushed or powdered and whether or not juice has been extracted therefrom if not required by the Ayurvedic Unani and Tabi Medical Practitioners licensed in the [Haryana] to be possessed, for the preparation of the medicines included in their respective systems of medicines, after rescuing the poppy seeds (Khas khas) therefrom, shall, after obtaining the orders of the Deputy Commissioner, in this regard be destroyed by burning in the presence of a gazetted officer of the district concerned.]
(2) The poppy seeds (khas khas) thus rescued shall be disposed of in accordance with the orders of the Excise and Taxation Commissioner, [Haryana].
Rewards
- Rewards in relation to offences under the Opium Act or rules thereunder may be granted to the following persons :-
(i) To an informer after a successful raid or after the result of the trial or appeal where the Deputy Commissioner is satisfied that the case was genuine and its detection took place on the information supplied by him. A statement of the informer shall, however, be recorded by the Officer receiving information before the raid is conducted and it shall be kept in the custody of the Excise and Taxation Officer, who shall verify it at the time of the disbursement of the reward.
(ii) To the Government officers or officials other than of Excise Department who render active assistance to the Excise Department in the detection and conviction of a case. Before paying a reward to a Government Official, the Deputy Commissioner of the district shall ascertain from the head of the Department to which the Government official belong if he has any objection to the payment such reward.
(iii) To the Excise Officers or Officials for conduct displaying extraordinary address, acuteness, industry, fidelity of courage in a case.
- Rewards may be granted subject to the following provisions :-
(i) The Deputy Commissioner of the district may grant on his own authority rewards not exceeding two hundred rupees in any one case.
(ii) The Excise and Taxation Commissioner may sanction rewards not exceeding one thousand rupees in any one case.
(iii) If rewards exceeding one thousand rupees in any one case are proposed the sanction of the State Government must be obtained through the Excise and Taxation Commissioner.
(iv) If a reward is proposed for any official of the status higher than a Naib-Tahsildar or Sub Inspector of Police of Excise the previous sanction of the Excise and Taxation Commissioner shall be obtained and no reward for a Government servant exceeding in any one case one thousand rupees shall be granted, except after consultation with Finance Department.
- Any reward payable to any informer whose statement is in the custody of the Excise and Taxation Officer may be disbursed upon the receipt of the Deputy Commissioner, of the district without requiring attendance of the actual payee or a receipt from him.
