44
his defence, nor has he been so at any time during
the two months I have seen him.** He appears
to me to be suffering from melancholia." There
is no mention of ganja on the record.
III.
EMPRESS versus GANGA SONTHAL.
Ganga Sonthal, a cultivator, was charged with
murdering his mother, Durgi Sonthalin, who had
married a second time, and also his own sister,
a child of 9 or 10 years, named Gora Sonthalin.
Two other persons were also said to have been
assaulted by him.
This was on 7th January
1893 (Saturday) about midnight. He was sen-
tenced to death; but the High Court directed
that evidence be taken as to his sanity. The
Civil Surgeon testified: "From the beginning of
my observation, or very soon after, he appeared to
me to exhibit symptoms of insanity. * * His
demeanour was that of a lunatic. I consider that
this state of mind continues." On this the High
Court, on 26th April 1893, set aside the convic-
tion and sentence on the ground "that the accused
is of unsound mind and incapable of making his
defence."
At the trial Durgi's servant Arjun said: "The
prisoner was not drunk. Before the Pergunait,
the prisoner said Bhagwan had told him to kill the
people. **
I never saw any signs of insanity
about
him."
Another witness, Prithu, says:
"When I saw the prisoner that night, I did not see
any signs that he had been drinking He never
showed any signs of insanity." Later he says:
"During t0his festival the Sonthals drink, and
they had all drunk on the Friday." Three other
witnesses said, they saw no signs of drink in the
prisoner that night,
The prisoner simply denied the murder, and said
he could not explain the blood-stains on his clothes.
In the committal order the Magistrate says:
"It appears that on a night during the Bandna
festival on 7th January, when all Sonthals, what-
ever they say, are more or less drunk, the prisoner
committed the murders with which he was charg-
ed." * * "In fact, it may be said that he
generally ran amok as Malays are said to do."
There is no mention of ganja in the record.
17. Evidence of MR. K. G. GUPTA, Commissioner of Excise, Bengal.
1. During my 20 years' service, I have worked
in various parts of Lower Bengal and Orissa, and
as Subdivisional Officer and afterwards as District
officer had to administer excise in my jurisdic-
tion. Latterly I was Secretary to the Board of
Revenue for four years and had charge of excise.
In 1891 I acted as Excise Commissioner for four
months, and have been permanently appointed to
the post since March last.
2. The definitions may be accepted.
The three varieties of ganja defined here have
reference to the Rajshahi drug, which is almost
exclusively used in these provinces. The flat
ganja retains the larger twigs and the round ganja
the smaller ones, while chur has only the detach-
ed flower tops. There is thus more woody matter
in round than in chur, and most in flat.
Gurjat, which is treated as a separate ganja, is
used to a small extent in Orissa. In shape it is
like flat ganja.
3. It grows spontaneously everywhere in Lower
Bengal as well as in Behar and Orissa. It is
somewhat scarce in the districts of the Chota
Nagpur division; but elsewhere it is generally
abundant, especially in Champaran, Monghyr,
Bhagalpur, Purnea, Rungpur, Jessore, etc.
4. General name bhang.
Siddhi (specially in Lower Bengal).
Patti or subji (in Orissa).
Thandai (cooler) (specially in Behar).
5. It flourishes in a damp loose alluvial soil.
The amount of rainfall is not so material, pro-
vided there is sufficient moisture. It is thus found
abundantly in such distant localities as the
extreme North-West of Behar (Champaran) and
the North-East of Bengal (Mymensing).
lt
does not like a dry laterite soil, but grows luxuri-
antly in the chur lands of the Ganges and other
rivers, which are submerged during the rains. It
is an annual plant.
6. Ordinarily dense. Cultivators and indigo
planters do their best to keep down its growth.
7. (a) Yes.
(b) No.
(c) No.
(d) I am not aware as regards (d). See my
memorandum as Excise Commissioner.
8. The area fluctuates considerably from year to
year, but there is little change on the whole. See
official note.
9. Vide H. C. Ker's report.
10. (a) No, they do not form a separate class.
11. No.
12. Yes. In the Gurjat States of Orissa, in
Hill Tipperah, and in Nepal. The practice is
very general in the former; and smuggling of this
drug seriously affects the ganja revenue in Orissa.
That produced in Hill Tipperah is rarely brought
into British territory. The extirpation of the
male plant is not so thorough as in the case
of the Rajshahi drug; but even in the ganja
tract the male plant cannot be absolutely eradi-
cated. Gurjat ganja is decidedly inferior in quali-
ty, containing more leaves and seeds and less
narcotic matter than the Rajshahi drug. It is,
however, much cheaper, the price being about one-
sixth that of the Rajshahi drug.
13. See official note. Cultivation restricted to a
small tract in Rajshahi, Dinajpur and Bogra.
14. (a) Yes.
(b) No.
(c) Yes.
See official note.
15. As regards preparation of ganja see H. C.
Ker's report. No ganja is made from the wild
hemp plant.
Bhang does not require any special preparation.
The plant is cut down and allowed to dry for a
day or two. The leaves are then shaken off and
collected with bits of flowers. These are kept in
bags and used as bhang. Bhang is collected
for the market in Monghyr, Bhagalpur and Purnea