258
of the High Court of Judicature, Appellate Side,
Madras, dated 25th August 1891, No. 1057
(Judicial):—
In reply to G. O. dated 15th instant, No. 1611,
I am directed to state that in the opinion of
the Judges who composed the Bench by which
Criminal Appeal No. 70 of 1891 was decided, a
sentence of ten years' rigorous imprisonment
would be an appropriate sentence to substitute
for the sentence of transportation for life passed
upon the prisoner Shaik Hussain in Bellary Ses-
sions Case No. 7 of 1891 and confirmed in the
above appeal.
Order thereon dated 12th September 1891,
No. 1859 (Judicial).
In exercise of the power vested in him by sec--
tion 55 of the Indian Penal Code, His Excellency
the Governor in Council is pleased to commute the
sentence* of transportation for life passed upon
Shaik Hussain by the Bellary Sessions Judge in
Cal. Case No. 7 of 1891 to one of rigorous
imprisonment for 10 years.
(True extract.)
(Sd.) J. F. PRICE,
Chief Secretary to Government.
To
The Inspector General of Jails.
(True copy.)
R. C. C. CARR,
Under Secretary to Government.
* Sentence confirmed by High Court in Criminal Appeal
No. 70 of 1891.
66. Evidence of MR. F. T. BAGSHAWE, Superintendent of Police, Trichinopoly.
51. Less than 10 per cent. of the bad characters
in large towns are consumers of opium, and in the
south of India away from towns it is not indulged
in by them. I have not found that grave crimes
hvae had any connection with the use of opium,
but in regard to larcenies it may induce occasion-
ally to their commission, as the confirmed opium
eater or smoker will do anything to enable him to
purchase his precious drug, just as the gambler or
drunkard is so tempted.
52. In the only cases of excessive use of opium
which have come under my notice, it has not been
conducive to crime. The opium eaters have
simply become sodden and emaciated, and so passed
out of existence.
53. I have known of no cases in which these
drugs have incited to unpremeditated crime,
violence or otherwise, nor has any case of tempo--
rary homicidal frenzy come under my notice.
54. The drug is not used by criminals to fortify
themselves for the committal of crime. For such
fortifying they have recourse to spirits, such as
toddy, arrack and the extract of the mohur flower.
55. No cases have come under my notice of
criminals drugging their victims by opium in
order to stupefy them and then rob; but cases of
dhatura poisoning for such purposes have so come.
I cannot answer as to complete stupefaction being
induced solely by opium.
67. Evidence of MR. S. D. SIMPSON, Deputy Commissioner of Police, Madras.
51. Although I have had many years' experi--
ence and have seen ganja (Indian hemp) consumed
in many forms, yet I am unable to answer all these
questions to my mind satisfactorily, for Indian
hemp does not affect all persons alike, and does not
always produce the same effect. It all depends in
what mood the consumer is in at the time he par--
takes of the drug. It generally produces intoxica--
tion, and has a varied effect. One day the consumer
may be happy and contented ; another day he
may be in a boiling rage ; and the third day he
may be heavy and sleepy, and suffer from mental
weakness disqualifying him for any labour. The
flowering tops of the ganja plant is usually smok-
ed, but majum (a confection of ganja) and bhang
(sabzi), preparations of the same, are taken in--
wardly (into the stomach). No. The moderate
use of hemp drugs has no connection with crime
in general, or with crime of any special character.
52. Few bad characters are excessive con-
sumers of these drugs. An excessive consumer is
usually a wretched creature, who has been render--
ed unfit for any action requiring judgment, vigour,
or manliness.
53. No. Certainly not crime without violence.
Excessive indulgence, as I said before, usually
subdues the action of the brain and reduces the
subject to a state of disablement, till sometimes
his prolonged and excessive indulgences soften his
brain, when he either becomes an imbecile or
hypochondriac, a monomaniac or a raving madman
and commits crime with violence.
Yes ; I have known cases, and can give specific
instances if required, but they are very few.
54. This is a diff icult question to answer.
Ganja never has the same effect as brandy and
whiskey, and therefore it cannot be said that
when a criminal is arrested under the influence of
ganja or bhang immediately after he has commit-
ted an offence, that he took it to fortify himself
to commit a premeditated crime. A criminal may
go to a ganjakhana with the intention of smoking
and fortifying himself to commit a premedita-
ted act of violence. When he has taken a few
whiffs, he becomes merry and contented, and for-
gets all about his intentions. Spirituous drinks
are generally resorted to for crime with and with-
out violence by criminals of all classes.
55. I know no instances of the kind. Both ganja
and bhang in themselves will produce complete
stupefaction if a sufficient quantity is consumed.
No admixture is necessary. The insensibility will
last for hours, the subject being quite unconscious
to everything around him. The preparations of
Indian hemp is largely used medicinally. The
electuary commonly known as majum is prepared as
a hulwa, and used to be sold in sweetmeat bazars
and in the shops of native druggists and herbalists,
but since the introduction of the Abkari Act, such
preparations are vended in licensed places of busi--
ness. This hulwa is administered to children