Rajasthan Opium Smoking Prohibition Rules, 1957

Rajasthan Opium Smoking Prohibition Rules, 1957

RJ103

[Jaipur, January 18, 1958.]

No. F. 1 (10) E. and T./57 - In exercise of the powers conferred by section 19 of the Rajasthan Opium Smoking Prohibition Act, 1950 (Act No. VII of 1950), the Government of Rajasthan makes the following rules, namely:-

1. Introductory
2. (1) These rules may be called the Rajasthan Opium Smoking Prohibition Rules, 1957.

(2) They shall come into force at once.

Notes- These rules have came into force w.e.f. 22.5.1958 after publication in the Rajasthan Raj-Patra Part 4-C dated 22-5-58 at Page 263. They have been framed under section 19 of the Rajasthan Opium Smoking Prohibition Act, 1950.

2. In these rules the words 'the Act' shall mean the Rajasthan Opium Smoking Prohibition Act 1950.
3. Disposal of things Confiscated.
4. Upon confiscation under section 16 of the Act, the court may order that any opium or any instrument or apparatus or any receptacle, package or covering so confiscated shall be made over to Assistant Commissioner, Excise after the period of appeal has expired or if an appeal has been made to the knowledge of the court, against the order of the confiscation, then until such appeal is disposed of:

Provided that if any article is of perishable nature it may be disposed of immediately by the court or the said Excise officer, as the case may be, by giving reasons in writing for such disposal and the sale proceeds shall be credited in the Government Treasury as deposit till the period of appeal expires or until the appeal is disposed of, as the case may be.

Explanation- Perishable articles are those in respect of which arrangement can not be made to keep them in the same condition as they were at the time of seizure till the time of final decision or proper arrangement cannot be made for their safe custody.

4. All articles received from the Magistrate under rule 3, shall be disposed of in the following manner-

(1) Opium other than prepared opium shall be disposed of in accordance with the provisions of the Rajasthan Opium (Disposal of Confiscated Things) Rules, 1956;

(2) Prepared opium and smoking apparatus shall be destroyed by the Assistant Commissioner, Excise so as to make them totally unfit for use;

(3) All other articles shall, unless otherwise directed by the Excise Commissioner in any particular case, be sold by auction by the Assistant Commissioner, Excise, within a reasonable time and shall in the absence of any bid be destroyed.

5. [Omitted.]
6. Disposal of articles in cases not covered by the above rules shall be in such manner as the Excise Commissioner Rajasthan, may by general or by special order, direct.
7. All sale proceeds shall be credited to Government treasury under proper head as Excise Revenune immediately after any sale under these rules.

III. Rewards.

8. (a) On final decision of a case resulting in a conviction or pardon under section 20 of the Act, the Deputy Commissioner, Excise of the division concerned may grant reward on the recommendation of the Assistant Commissioner, Excise of the district up to Rs. 100/- in each case to all such persons who have contributed in any way leading to the detection of the case or conviction of the accused persons.

(b) If the Deputy Commissioner, Excise considers that in any particular case the amount of Rs. 100/- is not sufficient he may with the previous sanction of the Excise Commissioner, Rajasthan and administrative department of the Government grant a larger reward not exceeding Rs. 250/- and Rs. 500/-respectively in each case.

By Order of the Governor G.S. Purohit, Secretary to the Government,