NationalLibraryOfScotland/medical-history-of-british-india huggingface dataset:
324 REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. [CH. XVI.
Restriction of area of cultivation.
663. First.—In Madras and Bombay, as was formerly the case in Bengal
and the Central Provinces, the regular cultivation is
already confined to limited areas. There is practi-
cally scarcely any regular field cultivation of ganja except in the Kistna and
North Arcot districts of Madras and the Ahmednagar and Satara districts of
Bombay; and the prohibition of cultivation in other districts will involve no serious
difficulty. And though the ultimate inclusion of all the ganja cultivation in an
area more circumscribed than that of two whole districts is desirable and pro-
bably feasible, still the limitation even thus far would be a considerable step in
the right direction.
Objection as regards private cul-
tivation.
664. Secondly.—If it be objected that the prohibition of occasional cultivation
of a few plants in the private gardens or enclosures
of individuals will be difficult to enforce, to this the
Commission would reply—
(1) This difficulty has been overcome in Bengal, Assam, and the Central
Provinces, in parts of which, as abundantly established by the
evidence taken by the Commission, this sporadic cultivation was
equally prevalent.
(2) The difficulty is not so great as it seems; for whereas at first sight
it seems that it would be necessary in order to enforce the prohi-
bition to increase establishments and exercise vexatious interfer-
ence with the people, such has not been found from experience
gained in other provinces to be actually the case. The difficulty
of concealing the plant and the evidence of illegality involved in
the mere existence of a prohibited plant in occupied lands, coupled
with a legal prohibition, has in fact sufficed almost to extermi-
nate such growth in tracts where ganja is produced with a mini-
mum of prosecutions and penalties.
Objection as regards wild growth
in Madras and Bombay.
665. Thirdly.—If it be objected that the wild hemp plant growing in unoccu-
pied lands is so plentiful that, even if the prohibition
against cultivation is successful, ample opportunity
will still be found to bring a large amount of ganja into the market from this
source, to this the Commission reply—
(1) That the ganja derived from such spontaneous growth, untended and
unimproved, is so inferior as to obviate all likelihood of its com-
peting with the cultivated ganja.
(2) That wild hemp in the strict sense is not found in tracts removed
from human habitations, past or present; and the amount of ganja
capable of being smoked which can be procured from such
growth will not interfere with the success of the proposal.
Objection as regards Native
States.
666. Fourthly.—If
it be objected that the ganja produced in Native States
adjoining the Madras and Bombay Presidencies
cannot be kept out of the province, and that this
fact alone vitiates the scheme, to this the Commission reply—
(1) That even if this be so, the same may be said of the provinces where
cultivation is controlled; and while the arrangements of these
332 REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. [CH. XVI.
forms of the drugs without the others, and to meet the demand for one form
without allowing the sale of the other forms of the drug."
(b) Separate sale of shops.
681. As to the question whether the licenses for different shops should be
sold separately or collectively for any given tract, the
Commission are not prepared to generalize. The
latter system affords a better guarantee for the respectability of the licensee, and
has the mt of simplicity. But where auction bids are affected by combina-
tions, the serate system may be desirable. The matter is one that must be
left to the disction of Local Governments and Administrations.
(c) Grant of retail licenses to
wholesale vendors.
682. The Commission are averse, as a rule, to the grant of retail licenses to
wholesale vendors, and there is a good deal of evid-
ence against the practice. It is not desirable to
insist on the wholesale vedors becoming also the retail vendors, and diversity
of practice tends to produc complications. If both functions reside in the same
person, he has too extensiv a monopoly, and will command the market to an
undesirable extent. It cannot be too strongly insisted upon that uniformity
and simplicity of system are essential to providing the means for ascertaining
whether the drugs are sufficiently axed; and when some of the shops are held by
the wholesale vendors, and others b separate retail vendors, it is more difficult to
gauge accurately the effect of the system. At the same time the Commission are
aware that the practice of allowing wholesale vendors to hold retail licenses is
very general, and they are unable to recommend that it should be authoritatively
put a stop to. The subject is one which they would commend to the notice
of Local Governments with reference to the above remarks.
(d) Licensing of shops.
683. A separate license should be granted for each shop. This is ordinarily
the practice, but there are exceptions. None should
be permitted. The District Officer should watch the
auction bids and refuse to renew licenses if they only amount to a nominal figure.
The principle should be to supply a real demand, not to create one; and if the
demand only exists to a very limited extent, the danger of stimulating it must
prevail against the convenience of the very limited number of consumers. The
number of the population per retail license in the different provinces in 1892-93
was as follows:—
Souls.
Bengal
23,560
Assam
19,975
North-Western Provinces
12,012
Punjab
12,869
Central Provinces
9,109
Madras
144,781
Bombay
43,528
Sind
4,478
Berar
6,061
Ajmere
30,130
Coorg
28,842
Survey pf India Offices, Calcutta, August 1894.
A HEMP DRUG SHOP, BHANG, GANJA, & MAJUM DISPLAYED, KHANDBSH.
CH. XVI.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 337
the Punjab, the Central Provinces, Ajmere, Coorg, and Quetta-Pishin, is as
follows:—
Ganja or charas, or any preparation or admixture thereof
5 tolas.
Bhang, or any preparation or admixture thereof
1/4 sér.
This amount is held to be reasonable by the Excise Commissioner, North-
Western Provinces, and there are no opinions of any weight in favour of its
alteration.
In Bengal the limit fixed by Bengal Act VII of 1878 is as follows:—
Ganja or bhang, or any preparation or admixture of the same 1/4 sér.
Charas, or any preparation or admixture of the same
5 tolas.
There are several witnesses who recommend the reduction of the maximum
for ganja to 5 tolas; and, though the subject has not been noticed by any very
high authority, the majority of these witnesses are men of special experience in
excise matters. As regards ganja imported from the Orissa Tributary Mahals, the
Bengal Government has authority under the Act to fix a lower maximum, and it
has accordingly fixed 5 tolas.
In Madras the Act (I of 1886) provides that the Government may fix a
limit. No such limit has been prescribed, and the Commission are of opinion
that this should be done.
In Bombay and Sind the Act (V of 1878) prescribes the limit fixed by the
Government for retail sale as the limit of possession. This limit has been fixed
by notification for the whole Presidency at 40 tolas or half an Indian sér for all
intoxicating drugs. There is a considerable amount of evidence in Bombay that
this limit is too high. Mr. Mackenzie says that it might be very considerably
reduced, and four Collectors, Messrs. Campbell, Monteath, Woodward, and Lely,
recommend the adoption of 5 tolas as the limit for ganja. Eleven other witnesses
in this province advocate reduction of the maximum. In Sind there are fewer
opinions on the subject, but there also the reduction of the limit is recommended
by three witnesses.
In Berar no limit of possession is prescribed; the limit for retail sale
is—ganja and bhang, 20 tolas; charas, 5 tolas. Three witnesses recommend
reduction of the limit, two of whom are excise officers.
The Commission's view.
690. As regards ganja and charas, and any preparation or admixture of the
same, the Commission are of opinion that there
should be one limit for the whole of India, and that
this limit should be 5 tolas. It is only in Bengal that this measure would require
an alteration of the law, and the opportunity should be taken when the Excise Act
is amended to make the necessary provision. It is understood that the subject
has already been under discussion, and that this amendment of the law has been
recommended by the Excise Commissioner. As regards bhang, the limit is
nowhere less than 1/4 sér. This limit is probably low enough where the hemp plant
grows wild, viz., in the Bengal Presidency. For other provinces, where bhang is
merely the refuse of the ganja plant, the question arises whether the limit ought
85
342 REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. [CH. XVI.
correct or not. But in the case of ganja there seems little or no risk of the Burmese
taking to its use in contravention of the law, inasmuch as they seem to have no
predisposition to do so. Under these circumstances the Commission would recom-
mend that where there is a demand for the hemp drugs among natives of India
in Burma, provision should be made for meeting this demand by a licit supply
under the same regulations as are in force in other non-producing countries, the
prohibition of cultivation being maintained as well as that of the use by the
Burmans.
CH. XVII.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 345
imported pays no duty. In regard to this, Mr. McDonnell says: "Mysore is heavily
handicapped by the extensive smuggling of ganja from Her Majesty's territory."
The system of licensing sale and levying fees therefor in Mysore may be
thus briefly described. A contract is given to a single person on condition that—
(1) he pays duty on wholesale vend to the Darbar at the rate of 6 annas
per sér for ganja and 2 annas for majum, etc.;
(2) he sells at fixed rates to retail vendors, viz., ganja 10 annas per sér,
and majum, etc., 4 annas per sér;
(3) he sells to retail vendors in quantities not less than 10 sérs of ganja
and 5 sérs of majum in Bangalore and Mysore, and 5 sérs of ganja
and 2 sérs of majum elsewhere;
(4) the drugs shall be of good quality, and that registers are kept, etc.;
(5) he guarantees a fixed sum to the Darbar.
The sér in Mysore consists of 24 tolas. The amount guaranteed appears to
be fixed by tender. There are 57 wholesale shops licensed free, and 109 retail
shops which are not ordinarily sold by auction, but licensed free, except in
Mysore and Bangalore, where Rs. 3 per mensem is paid for each license. Retail
vendors have to sell to the public at the rate of 13 annas per sér for ganja and
6 annas per sér for bhang, and may not sell more than 4 tolas to any person on
the same day. Charas is unknown, and bhang is the refuse of ganja.
Thus there is a very complete system at work in this State, though some
of its details may be open to criticism, and the principal difficulties attending its
administration arise from the want of system in British territory. Ganja is
freely imported into the State from Madras, and it has been shown (Chapter
VII) that it is also probably imported from the Dharwar district in Bombay.
This appears to the Commission to afford a cogent argument for the introduc-
tion of control in the Madras and Bombay Presidencies.
Baluchistan.
701. The Commission have little information regarding Kalat and Las
Beyla. But there is no export of the drugs from these
States to British India, so the matter is of no import-
ance.
Baroda.
702. Prior to 1892 there was no restriction on the preparation or sale of the
hemp drugs in Baroda. A State monopoly of sale
was then introduced. Cultivation of the plant is
not prohibited, but it is reported to exist only in one village, and to a very limited
extent. No exports to British territory are reported, and there is evidence to the
effect that since the introduction of the license system smuggling from the State
into British territory has almost entirely ceased. A large amount of the drugs is
said to be imported from other provinces or States. A customs duty is levied on
the imports, but the amount is not stated. There are 101 shops for sale of ganja,
etc., and as many as 157 more have been sanctioned, but not opened. Charas
is not used. In this State the arrangements are, therefore, fairly complete. If
owing to the introduction of a more systematic treatment the price of ganja in
the Bombay Presidency were to rise considerably, cultivation in the Baroda
87
348 REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. [CH. XVII.
said to be cultivated to some extent, and the produce not to be distinguishable
from Gwalior ganja. Mr. Stoker notes that this source of supply is capable of
extension. The capital and a great part of the Chirkari State is situated in the
middle of the Hamirpur district in the North-Western Provinces. The country
is wild and mountainous, and prevention of smuggling is impossible. From the
Panna State there is considerable smuggling into the Damoh district of the
Central Provinces. It is very desirable in the interests of the excise administra-
tion of the North-Western Provinces that the cultivation and production of the
drug should be controlled in this Agency.
Bhopawar Agency.
709. Mr. Gunion says that all over the Bhopawar Agency the hemp plant
is cultivated for ganja and bhang, rarely for charas.
The production is limited, and, except in the parts
adjoining British Nimar, only for the personal use of the cultivators. No other
information has been obtained. Mr. Robertson, Deputy Commissioner of Nimar,
says that ganja smuggling from the Native States which border on Nimar, though
it no doubt exists, has never been a prominent matter in Nimar. It is the
general opinion, however, that a good deal of petty smuggling exists.
Western Malwa Agency.
710. Mr.Gunion mentions a kind of ganja called 'gorakhi,' which is said to
be made from the wild plant in the Jaora State of
the Western Malwa Agency. The Commission are
in possession of a statement made by Surgeon Lieutenant-Colonel Caldecott,
Agency Surgeon, that there is cultivation for the production of charas, bhang,
and ganja all over Malwa, but he is unable to say to what extent. The States
of this Agency (Jaora and Rutlam) do not adjoin British territory.
Rajputana Agency.
Jeypore.
711. In the Jeypore State there is practically no system of administration of
the hemp drugs. Customs duty is levied on import
and export at the rate of Rs. 4 per maund for ganja,
Rs. 20 per maund for charas, and Re. 1 per maund
for bhang. There is also an inland customs duty of 4 annas per maund on
bhang. There is no restriction in regard to cultivation, manufacture, sale,
or possession of the drugs. As noticed in the chapter on cultivation, it is stated
in the memorandum that 10,000 maunds of bhang are produced, indicating a
large rural consumption if the figure is correct; for only 27 maunds are said to be
exported. Ganja and charas are imported, not produced in the State. Jeypore
does not adjoin British territory, and further control is not at present essential to
the success of a system of administration in the British provinces.
Jodhpur.
712. Duties are levied in the Jodhpur State as
follows:—
Import duty per Export duty per
Transit duty per
maund.
maund.
maund.
Rs. A. P.
Rs. A. P.
Rs. A. P.
Ganja
and
4 8 0
4 8 0
3
0
0
Charas
Bhang
0
2
0
0
2
0
0
2
0
It is said that a Government duty of Rs. 2 per maund is charged on the im-
port of ganja; but this is not further explained. There is no restriction on the cul-
CH. XVII.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 351
Gwalior and Patiala, under passes granted by the Collectors or Political Agents
concerned. The traffic is not large.
Dholpur adjoins the North-Western Prov-
inces.
Banswara.
722. In Banswara no memorandum has been furnished, but the Commission
have information from the officials that ganja and
bhang are produced. The State adjoins the Bombay
Presidency. Nothing is known of the system of excise administration.
Serohi.
723. A statement has been furnished for Serohi which shows that licenses
to sell ganja are given for seven places in the State,
and a revenue averaging Rs. 386 per annum realised
for license fees (Rs. 863 for 1892-93) and Rs. 145 for fixed duty. There are
license holders, but they keep no record. Only ganja is imported, the average
being 32 maunds per annum. Cultivation is unrestricted and not recorded.
The Kotwal of Serohi estimates the outturn of ganja produced in the State at
8 maunds, and bhang at 300 maunds. No exports are shown. It is stated that
the whole of the ganja and bhang produced in the country, averaging one maund
of the former and 40 maunds of the latter, is recovered from the cultivators and
given in charity and sent to the temples of Mahadeo, and some is used in liquor.
The State does not adjoin British territory.
Kerowli.
724. Customs duties are levied in the Kerowli State on imports at the rate
of Rs. 2-8-0 per maund on ganja, Rs. 10 on charas,
and Re. 1 on bhang. During the Shivratri fair
in February the duties are suspended. The right of retail vend at three towns
is sold by auction, and there are 8 licenses for retail vend. No further control
is exercised. The plant is cultivated for bhang, and ganja is imported. The
transactions shown are very small, but the license fee averages Rs. 1,157 per
annum. The State does not adjoin British territory.
Kishengarh.
725. The only system of control in force in the Kishengarh State consists in
the levy of duties (apparently import duties) at the
rate of Re. 1-8-0 per maund on ganja and charas
and 4 annas on bhang. The farming system used to prevail, but has been
abandoned. It is now proposed to increase the duties and to license vendors.
The transactions are small. Kishengarh adjoins Ajmere.
Jaisalmir.
726. In Jaisalmir there is provision for levying customs duties, but it is
stated that there has been no import or export of
hemp drugs for the last ten years, and that the drugs
are not sold in the State. There is, however, a little cultivation for ganja and
bhang, which is purchased by the consumers from the cultivators. Jaisalmir
adjoins Sind, and a small amount of ganja and charas is said to be smuggled into
Sind through this State.
Shahpura.
727. In this small State import and export duties are charged at rates not
mentioned. Transit duty at 3 pies per sér is also
levied on bhang exported to foreign States in addi-
tion to the export duty. There is no further control of any kind. In future it is
proposed to issue licenses to a limited number of persons at a few selected
places.
352 REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. [CH. XVII.
Partabgarh and Lawa.
728. No information has been received regard-
ing these small States.
Hill States lying between Bengal,
Central Provinces, and Madras.
729. It will be convenient next to notice together that tract which lies en-
closed between Bengal, the Central Provinces, and
Madras, comprising the Tributary States of the two
first and the Agency tracts of the last named province. In this manner only is it
possible to consider systematically and thoroughly the question of bringing the
excise arrangements in respect of hemp drugs which prevail in this tract into
some conformity with the general principles recommended by the Commission.
This tract may be divided into four parts, viz., the Chota Nagpur Tributary
Mahals and the Orissa Tributary Mahals, both under the Bengal Government; the
Chhattisgarh Tributary States, under the Central Provinces; and the Agency
Tracts, under the Madras Government.
The following table shows the area,
population, and revenue of each of these groups:—
No. of
Area.
Population.
Revenue.
States.
Area.
Population.
Revenue.
Sq. miles.
No.
Rs.
Chota Nagpur Tributary Mahals
9
16,027
890,859
1,86,327
Orissa Tributary Mahals
17
14,387
1,696,710
11,54,975
Chhattisgarh States
10
26,526
1,648,811
7,88,591
Agency Tracts, Madras
19,167
1,294,244 Not available.
Tributary States of the Central
Provinces.
730. In the Tributary States under the Central Provinces the cultivation of
ganja has been stopped at the instance of the Local
Administration, and a supply of ganja is now furnish-
ed to these States from the Government storehouse at Khandwa. The system
is that the drugs are supplied to the chiefs at cost price (the cost going to the
wholesale vendor, and the Government realizing nothing), and that the chiefs
must adhere to the provincial price of Rs. 3 per sér in their sales to the retail
vendors. The only exception is in the case of the three Western States of the
Raipur district, in which under special arrangement half the duty goes to Govern-
ment. Elsewhere the whole of the duty is realized by the chiefs. The present
state of affairs is thus described by the Political Agent, Chhattisgarh. It should
be explained that his report refers to all the Chhattisgarh States, including the four
Western States which are detached from those on the Bengal or Madras border:
"The only States in which the hemp plant has never been cultivated for the
production of drugs are those of Kawardha and Kalahandi. In the other twelve
such cultivation was at one time fully indulged in, but in all it has now been
completely suppressed. The system in force may be summed up in a word as
being identical, so far as the local circumstances permit, with that which
prevails throughout the Central Provinces. The principles observed are prac-
tically, though not in all cases formally, based on the provisions of Act XXII of
1881 and of the Central Provinces Excise Manual. Bhang and charas are un-
known in the Feudatory States, except in Nandgaon, where a little bhang is
consumed." This complete arrangement suffers, however, from the smuggling
CH. XVII.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 355
The minimum amount which may be imported is one maund at a time. With a
view to the prevention of smuggling, the maximum of possession of Garhjat ganja
has been reduced from 20 tolas to 5 tolas since May 1892.
Thus the following systems have been in force:—
(1) Prior to 1878 unrestricted cultivation in the Tributary States and
legal import into British territory at a duty of one rupee per sér,
which was considerably below the duty on Rajshahi ganja.
(2) From 1878 to 1882 suppression of cultivation within a three-mile
limit and legal importation at Rs. 4 a sér, i.e., at 8 annas higher
than the duty on Rajshahi flat ganja.
(3) From 1882 to 1884 absolute prohibition of importation of Garhjat
ganja, with duty rates on Rajshahi ganja in Orissa lower than those
prevailing in the rest of Bengal. The three-mile limit of cultiva-
tion was maintained.
(4) From 1884 to 1889 absolute prohibition of importation of Garhjat
ganja, with duty rates on Rajshahi ganja in Orissa lower than those
prevailing in the rest of Bengal. Continuance of the three-mile
limit of cultivation and attempted total prohibition of cultivation
in the Tributary States.
(5) From 1889 to 1890 absolute prohibition of importation of Garhjat
ganja, with duty rates on Rajshahi ganja in Orissa lower than
those prevailing in the rest of Bengal. Unrestricted cultivation
in the Tributary States whether within or beyond the three-mile
limit.
(6) From 1890 to 1892 legal importation of Garhjat ganja in quantities
not less than 8 maunds at a time, at a duty of Rs. 2-8-0 per sér,
which is considerably lower than the duty on Rajshahi ganja.
Duty rates on Rajshahi ganja in Orissa lower than those prevail-
ing in the rest of Bengal, and unrestricted cultivation in the
Tributary States.
(7) The existing system is the same as (6), except that there has been
a rise of duty and a reduction of the minimum of possession of
Garhjat ganja with a view to preventing extensive smuggling.
The minimum amount of Garhjat ganja which may now be imported
at one time is one maund instead of eight maunds. The rates
of duty in Orissa from 1st January 1894 are—
Rs. A. P.
Rajshahi ganja—
Chur
7 8 0
Round
6 4 0
Flat
4 8 0
Garhjat ganja
3 8 0