NationalLibraryOfScotland/medical-history-of-british-india huggingface dataset:
CH. XIV.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 279
(21) Mr. Gillan, Assistant Collector.
(26) Rama Shankar, Assistant Collector.
(46) Pandit Bishambar Nath, Deputy Collector.
(28) Mr. Bruce, Assistant Collector.
(33) Pandit Sri Lall, Officiating Joint Magistrate.
(185) Kewal Ram, Zamindar.
(220) Mr. Finch, Planter.
(190) Bas Deo Sahai, Zamindar.
(227) Syad Mahammad Nuh, Zamindar.
(3) Prohibition might lead to use of dhatura or other intoxicants worse than
ganja or charas.
(6) Mr. Stoker, Commissioner of Excise,
(15) Mr. Ferard, Collector.
(28) Mr. Bruce, Assistant Collector.
(51) Thakur Tukman Singh, Deputy Collector.
Punjab.
Opinions for prohibition of charas.
576. The advocates of the prohibition of charas
in the Punjab are as follows:— 3 superior civil offi-
cers, 3 subordinate civil officers, 2 subordinate medical officers, and 10 non-
officials.
It may be noted that Mr. Ogilvie, Financial Commissioner in charge of
Excise (2), records the following opinion: "I am inclined to hold the opin-
ion, though I am not quite satisfied on the subject, that the use of charas is so
deleterious that it might be permissible, both on grounds of morality and utility,
for its use to be prohibited or for the price of the drug to be so artificially
raised as to confine its consumption to a very small number indeed. The
reason why I say that I am not quite satisfied on the point is because I have not
sufficiently investigated the facts. All that I can, therefore, say with certainty is
that my opinion tends to the direction above indicated.................. I would ob-
serve, however, with regard to the Yarkand trade that the imposition of a duty so
high as to be practically prohibitive would very considerably injure that trade,
because the Yarkand trader in exchange for the charas takes back the products of
the Punjab to his own country or to Kashmir. The extinction or serious injury of
the Yarkand trade would, of course, be a very regrettable circumstance. On the
other hand, from my personal knowledge as Deputy Commissioner of the Dera
Ismail Khan District, I would say no harm would accrue to general trade on
the western border from the prohibition of charas."
Mr. Coldstream, Deputy Commissioner (5), though he does not seem to
have formed a definite opinion regarding the moderate use of the drugs, says:
"The gradual stoppage of import of ganja and charas might be tried. It is not as
yet a very widely-spread habit, but it might grow. It would cause great pain
and discontent if the prohibition were sudden and comprehensive, but this would
not amount to political danger. A prohibitory measure regarding ganja and
charas would no doubt be followed at once by a recourse to opium and alcohol.
CH. XIV.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 281
Dr. H. M. Clark, Missionary (46), would like to see charas prohibited if
it were possible.
He thinks, however; that alcohol does more harm than charas.
He cannot believe that a moderate use of charas is possible. Fakirs and devotees
are the chief consumers.
Devi Dayal, Editor of the Kaistha Mitra,* Lahore, circulation 300 copies (83),
says: "If charas be called poison (fatal, killing, murdering drug), it is not an exag-
geration of any kind. It is a great vice to smoke charas. May God not give this
even in the lot of a fœ. Only just people as have bad luck get engaged
in this vice. Government will do their subjects a very great obligation by
saving them from early death and whirlpool of destruction and ruin. My
present belief is that there is no such thing as moderation in the use of charas,
because, when a charsi visits another, he offers him the chillum, and they
smoke in company. The smoke is thus repeated frequently." Consumers
acknowledge that they would have no complaint; and if Government were to
prohibit the use of charas to-morrow, the bad habit would die out of itself.
Ganesh Das, Pleader, and President, Sarin Sabha, Hoshiarpur (77): Charas
is consumed by shoemakers, musicians, jogis, sanyasis, and suthra fakirs, and
by some Khatris and Brahmins. The physical effects are very bad, and most
consumers become incapacitated for work and lead a miserable life. The sub-
committee of the Sarin Sabha appointed to consider the subject recommend
prohibition. Enquiry was not made from medical experts. Consumers would
not take to other intoxicants, because the intoxication of charas is not like
that of opium or other intoxicants. The greatest loss would be that of the
traders of Hoshiarpur and Amritsar, who take merchandise to Ladakh and
Yarkand and bring back charas.
Opinions against prohibition of
charas.
577. The following is an analysis of some of the
most important evidence against prohibition:—
(1) Prohibition
impossible or unnecessary, or could not be enforced without
a large preventive
establishment.
(1) Mr. Rivaz, First Financial Commissioner.
(3) Mr. Thorburn, Commissioner.
(6) Mr. Ibbetson, Deputy Commissioner.
(8) Mr. Maconachie, Deputy Commissioner.
(13) Mr. Drummond, Deputy Commissioner.
(66) Kazi Syad Ahmad, retired Government servant.
(2)
Prohibition would be strongly resented by religious mendicants, or would
be regarded as an interference with religion, or would be likely to become
a political danger.
(3) Mr. Thorburn, Commissioner.
(6) Mr. Ibbetson, Deputy Commissioner.
(10) Mr. A. Anderson, Deputy Commissioner.
(8) Mr. Maconachie, Deputy Commissioner.
(13) Mr. Drummond, Deputy Commissioner.
(29) Mr. Brown, Officiating Deputy Inspector-General of Police.
* This paper has ceased to exist.
71
282 REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. [CH. XIV.
(39) Thakur Das, Rai Bahadur, Assistant Surgeon.
(36) Bhagwan Dass, Assistant Surgeon.
(25) Muhammad Ikramulla Khan, Khan Bahadur, Honorary Extra Assistant Com-
missioner.
(27) Muhammad Barkat Ali Khan, Khan Bahadur, retired Extra Assistant Commis-
sioner.
(61) Bahram Khan, Honorary Magistrate.
(93) Gujar Mal, Trader.
(94) Jawala Bhagat, Trader.
(3) Prohibition might lead to use of dhatura or other intoxicants
worse than
charas.
(76) Babu P. C. Chatterji, Judge, Chief Court.
(10) Mr. A. Anderson, Deputy Commissioner.
(18) Rai Bahadur Bhagwan Dass, Extra Assistant Commissioner.
(39) Thakur Das, Rai Bahadur, Assistant Surgeon.
(27) Muhammad Barkat Ali Khan, Khan Bahadur, retired Extra Assistant Com-
missioner.
(86) Lachman Dass, Merchant.
Central Provinces.
Opinions in favour of the prohibi-
tion of ganja.
578. There are only two witnesses in the Central Provinces who advocate the
prohibition of ganja. Honorary Surgeon-Major Harrison (38), on the retired
list, employed in the Kalahandi State, advocates
gradual prohibition, "which would cause discontent,
but not any serious danger. The prohibition would no doubt be followed by
recourse to alcohol and other stimulants." The other is a pensioned hospital
assistant, who also advocates gradual prohibition.
Opinions against prohibition of
ganja.
579. The following is an analysis of some of the
most important evidence against prohibition:—
(1) Prohibition impossible or unnecessary, or could not be enforced without a
large preventive establishment.
(1) Mr. Neill, Judicial Commissioner.
(4) Mr. Laurie, Officiating Secretary to Chief Commissioner.
(2) Colonel Bowie, Commissioner.
(9) Mr. Drake-Brockman, Officiating Excise Commissioner.
(39) Dr. Prentie, Civil Surgeon.
(66) Rev. Israel Jacob, Missionary.
(2) Prohibition would be strongly resented by religious mendicants, or would be
regarded as an interference with religion, or would be likely to become a
political danger.
(1) Mr. Neill, Judicial Commissioner.
(4) Mr. Laurie, Officiating Secretary to Chief Commissioner.
(2) Colonel Bowie, Commissioner.
(3) Mr. Anderson, Officiating Commissioner.
(6) Mr. Duff, Deputy Commissioner.
(27) Mr. Lowrie, Officiating Deputy Conservator of Forests.
CH. XIV.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 283
(17) Batuk Bharthy, Superintendent, Kalahandi State.
(66) Rev. Israel Jacob, Missionary.
(68) Rev. Oscar Lohr, Missionary.
(22) Vinayak Balkrishna Khare, Excise Daroga.
(59) Lall Noorpraj Singh, Zamindar.
(47) Mir Imdad Ali, Honorary Magistrate.
(3) Prohibition
might lead to use of dhatura or other intoxicants worse than
ganja.
(1) Mr. Neill, Judicial Commissioner.
(9) Mr. Drake-Brockman, Officiating Excise Commissioner.
(39) Dr. Prentie, Civil Surgeon.
(64) Rao Sahib Balwantrao Govindrao Bhuskute, Jagirdar.
Madras.
Opinions in favour of the prohibi-
tion of ganja.
580. The Madras witnesses in favour of prohibition are a Civil Surgeon,
a subordinate civil officer, a medical practitioner,
a Hindu priest, and six missionaries.
Dr. King (85) says: "The restriction of the sale of ganja under condi-
tions similar to those required for poisonous drugs in Great Britain would be an
unqualified blessing to the country, thus contrasting with the action taken against
opium, which agitation I believe to be unnecessary and mischievous. I consider
special measures should be taken to restrain the use of ganja by sepoys, and
especially to prevent the young sepoy from acquiring the habit." In oral examina-
tion, however, Dr. King stated as follows: "My opinion of the effect of the
moderate use in impairing the moral sense and inducing laziness, etc., is a
general impression and not based on actual observation. My impression is
based on the fact that persons alleged to have been ganja smokers have pre-
sented these characteristics. They were pointed out as notorious ganja
smokers. I did not discriminate in these cases between the moderate and
excessive use."
Syad Mahmud (122) says: "It is an unquestionable fact that ganja, bhang,
and charas are poisons, and this fact is admitted by all. In my opinion their
suppression would be an act of virtue deserving of future reward, but it is not
advisable to suppress their use at once. Its suppression should be regulated
under certain rules without any loss to the State. To the best of my knowledge
and researches, alcohol cannot be safely used as a substitute for ganja, charas,
and bhang."
Rev. Mr. Laflamme (153), speaking on behalf of the Baptist Missionary
Conferences of the Presidency, advocates prohibition in these terms: "Owing to
the scarcity of shops in these parts, practical prohibition exists. Much that is
consumed is consumed illicitly. The introduction of the license system seems
to have had no appreciable effect on the use of the drugs. The ganja is nearly
all grown by the consumers in their own yards." "The drugs should all be so
safeguarded as to prevent or minimize any possible harm resulting from their
abuse." "The general sense of the people is opposed to the use of the drugs."
So far as the witness can gather, the members of the Mission are united in the
belief that in these parts hemp drugs are far less injurious than opium and alcohol;
284 REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. [CH. XIV.
thus far that the latter are not only much more extensively used, but much more
baleful in their effects. Two other missionaries, though neutral in opinion, are worth
quoting. Rev. Mr. Pittendrigh, Missionary (160), says that he would have ulti-
mate prohibition in view if possible, but there is not much ground for special inter-
ference in anything that he has seen. Another Missionary, the Rev. Mr. Goffin
(145), cannot undertake to criticise the present or any system of excise
administration. His impression is that Government would be wise to adopt a
strictly "let-alone" policy, leaving it to the spread of education and enlightenment
among the people to prevent and lessen all its effects. The province of Gov-
ernment should be carefully to watch such effects, and wherever and whenever
necessary interfere with prohibitive legislation. Such necessity, however, in his
opinion would not often occur.
Opinions against prohibition.
581. Among those who are opposed to prohibition,
the evidence of the following witnesses may be
quoted:—
(1) Prohibition impossible or unnecessary, or could not be enforced without a
large preventive establishment.
(1) Hon'ble C. S. Crole, Member, Board of Revenue.
(8) Mr. Willock, Collector.
(14) Mr. Bradley, Collector.
(19) Raja K. C. Manevedan, Collector.
(23) Mr. Campbell, Sub-Collector.
(30) Mr. Levy, Acting Deputy Collector, Salt and Abkari.
(2) Prohibition would be strongly resented by religious mendicants, or would
be regarded as an interference with religion, or would be likely to become
a political danger.
(8) Mr. Willock, Collector.
(10) Mr. Stokes, Collector.
(6) Mr. Sewell, Collector.
(30) Mr. Levy, Acting Deputy Collector, Salt and Abkari.
(94) Dr. Walker, Civil Surgeon.
(95) Dr. Sarkies, Civil Surgeon.
(38) Buddhavarapu Narayana Murthi Pantalugaru, Assistant Collector.
(23) Mr. Campbell, Sub-Collector.
(121) H. S. A. M. Manju Miyyah Sahib, Medical Practitioner.
(3) Prohibition might lead to use of dhatura or other intoxicants
worse than
ganja.
(23) Mr. Campbell, Sub-Collector.
Bombay.
Opinions in favour of prohibition
of ganja.
582. For the prohibition of ganja or charas in Bombay and Sind, we
have the following advocates: in Bombay two
mamlatdars, a hospital assistant, and a medical
practitioner; and in Sind a health officer, two hospital assistants, and a
banker.
There is not much that need be quoted from the evidence of
these witnesses. It may be noted that the Hon'ble T. D. Mackenzie, Com-
missioner of Abkari, etc. (1), holds that the policy of Government in
CH. XIV.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 285
relation to the hemp drugs should be one of restriction, as far as restriction
is possible, and that, if absolute prohibition were possible, he thinks it
would be a good thing. Owing, however, to the fact that the territories of the
Bombay Presidency interlace so extensively with foreign territory, and to
the feeling which would be aroused among the consumers and those who
sympathize with them, it would in his opinion be impossible or undesirable.
The Secretary to the Arya Samaj in Bombay (109) states that while fully
sympathising with the objects of the Commission, which are apparently understood
to be the restriction or prohibition of the drugs, the Arya Samaj "is of
opinion that any Governmental action in the direction of further restricting
the preparation and sale of the drug will be productive of very little good. The
Samaj believes that education of the masses is the only proper and effective
remedy for correcting such baneful habits, and fears that any compulsion in
this matter is likely to drive the consumers of these comparatively innocuous
drugs to the use of more injurious intoxicants that are plentifully supplied
to the people like the various preparations containing alcohol." The Samaj
prays that the Government will devise measures for the restriction of the sale of
European liquor in India, and leave the hemp drugs to themselves. The only
thorough advocate of prohibition whose opinion is worth specifying is Rao Sahib
Shesho Krisna Madkavi (41), who considers such prohibition very necessary, and
holds that, although there would be temporary discontent among the consumers,
such discontent would not amount to a political danger, "the people in this part
of the country being loyal and of mild nature, and the proportion of the persons
using bhang and ganja to the general population being too small to be taken
into consideration."
583. On the other hand, the opinions against prohibition are weighty. The
Opinions against prohibition.
following may be specially quoted :—
(1) Prohibition impossible or unnecessary, or could not be enforced without a
large preventive establishment.
Bombay.
(1) Hon'ble T. D. Mackenzie, Commissioner of Abkari, etc.
(3) Mr. Vidal, Chief Secretary to Government.
(10) Mr. Monteath, Collector.
(12) Mr. Cumine, Acting Collector.
(53) Mr. Vincent, C.I.E., Officiating Commissioner of Police.
(110) Rai Bahadur Vishvanath Keshava Joglekar, Merchant.
(108) Daji Abaji Khare, Honorary Secretary, East Indian Association.
Sind.
(1) Mr. James, Commissioner in Sind.
(26) Seth Vishindas Nihalchand, Zamindar and Merchant.
(2) Prohibition would be strongly resented by religious mendicants, or would
be regarded as an interference with religion, or would be likely to
become a political danger.
Bombay.
(1) Hon'ble T. D. Mackenzie, Commissioner of Abkari, etc.
(2) Mr. Reid, Commissioner.
72
286 REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. [CH. XIV.
(10) Mr. Monteath, Collector.
(8) Mr. Lely, Collector.
(59) Mr. Foard, Superintendent of Police.
(57) Mr. Austin, District Superintendent of Police.
(54) Mr. Kennedy, District Superintendent of Police.
(26) Khan Bahadur Dadabhai Dinshaji, Deputy Collector.
(38) Mr. Almon, Assistant Collector of Abkari.
(49) Yashvantrao Nilkanth, Superintendent, Office of Survey Commissioner.
(104) Desaibhai Kalidas, Pleader.
(46) Balkrishna Narayan Vaidija, State Karbhari.
(39) Rai Sahib Ganesh Pandurang Thakur, Mamlatdar.
(110) Rai Bahadur Vishvanath Keshava Joglekar, Merchant.
(100) Parbhuram Jeewanram, Vaidya.
(115) Nanu Mian B. Shekh, Municipal Secretary, Surat.
Sind.
(1) Mr. James, Commissioner in Sind.
(4) Khan Bahadur Kadirdad Khan, Gul Khan, C.I.E., Deputy Collector.
(5) S. Sadik Ali, Deputy Collector.
(26) Seth Vishindas Nihalchand, Zamindar and Merchant.
(3) Prohibition might lead to use of dhatura or other intoxicants worse
than ganja.
Bombay.
(1) Hon'ble T. D. Mackenzie, Commissioner of Abkari, etc.
(6) Mr. Sinclair, Collector.
(53) Mr. Vincent, C.I.E., Officiating Commissioner of Police.
(49) Yashvantrao Nilkanth, Superintendent, Office of Survey Commissioner.
(62) Rao Sahib Pranshankar, Inspector of Police.
(102) Ramchandra Krishna Kothavale, Inamdar.
(109) Secretary, Arya Samaj, Bombay.
Berar, etc.
584. From the minor administrations in Berar, Ajmere, Coorg, and Quetta-
Peshin, there are no opinions requiring special
notice. The statistical detail has been given in
the table in paragraph 569.
General conclusions in regard to
total prohibition of ganja, charas,
and bhang.
585. A general review of the evidence relating to the question of prohibition
of ganja and charas brings the Commission to the
same conclusion as that which they have framed
upon a consideration of the evidence on the as-
certained effects alone. The weight of the evidence above abstracted is almost
entirely against prohibition. Not only is such a measure unnecessary with refer-
ence to the effects, but it is abundantly proved that it is considered unnecessary
or impossible by those most competent to form an opinion on general grounds of
experience; that it would be strongly resented by religious mendicants, or would be
regarded as an interference with religion, or would be likely to become a political
danger; and that it might lead to the use of dhatura or other intoxicants worse than
290 REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. [CH. XIV.
final arrangements with the Native States, which, even if ultimately practicable,
would take an indefinite time to elaborate, and would probably be regarded by them
with disfavour. All, therefore, that the Commission are prepared to say in favour
of a Government monopoly is that after full consideration they are unable to dis-
cover any well founded objection to it on the ground of public morality, and that in
their opinion the Government need not be deterred from adopting it on this ground
if the practical objections which have been mentioned above are in regard to
any part of British India either at the present or at any future time deemed to
be of less weight than the Commission have attached to them.
Supervision by Government of
India necessary.
590. But while opposed to this amount of interference, the Commission feel
strongly that a regulating influence is necessary, and
should in future be exercised by the Government of
India over the various systems of administration of the excise on hemp drugs
which prevail in the different provinces and in the Native States. A standard
of administration and taxation is essential to the proper treatment of the whole
subject. Existing differences are so great that it will take time to bring about
any measure of uniformity, but the Commission, as will be shown hereafter, have
found no reason for maintaining the present inequalities, and no serious obstacle
to the gradual harmonizing of the different systems.
CHAPTER XV.
EXISTING SYSTEMS DESCRIBED.
Systems of excise in the various
provinces.
591. The various systems of excise administration obtaining in the different
provinces have been described in the memoranda
which are published in Vol. III Appendices. A
brief notice of these systems will be reproduced here, and the question how far
they fulfil the conditions of the policy above noted will then be discussed.
Bengal.
Law in force.
592. The law in force in Bengal is contained chiefly in the Bengal Excise
Act, VII of 1878, and rules passed thereunder.
The principal provisions are as follows:—
Without a license from the Collector, the manufacture of ganja, charas, and
bhang, and every preparation and admixture of the same, and the cultivation of
plants from which they are produced, are prohibited (section 5).
No person is allowed to sell any of the above drugs or preparations or admix-
tures of them without a license from the Collector (section 11).
Fees for licenses for retail sale of the above drugs may be fixed by the
Board of Revenue, and will be payable accordingly (section 13).
No license fees are leviable for the privilege of wholesale vend. The limit
for retail sale is as follows: Ganja or bhang, or any preparation or admixture of
the same, one quarter of a sér; charas, or any preparation or admixture
of the same, 5 tolas weight. No licensed wholesale vendor is allowed to sell
by retail and no licensed retail vendor is allowed to sell by wholesale, but
the same person may hold a license for wholesale and retail vend. The Board
may fix a larger quantity as the limit for retail sale (sections 15 and 60).
No cultivator of the plants producing ganja or bhang may sell such plants,
or any ganja or bhang produced therefrom, to any one other than a person duly
authorized to purchase the same by pass or license from the Collector (sec-
tion 16).
No person, not being a licensed manufacturer or vendor or a person duly
authorized to supply licensed vendors, may have in his possession a greater quan-
tity of ganja, charas, and bhang, or any preparation or admixture of the same, than
that specified above as the limit for retail sale (section 17).
The penalty attached to the breach of this provision does not apply to
authorized cultivators (section 62).
The Board may, with the sanction of the Local Government, declare that the
possession of any foreign ganja, charas, or bhang, or any preparation or admixture
of the same, is absolutely prohibited in any specified tract, or that such posses-
sion shall be limited to specified quantities, unless a license has been granted
for the possession of a larger quantity of such article. The Board may fix the
fee or duty payable for such license (section 17-A). Under this section the limit
of legal possession of Garhjat ganja has been fixed at 5 tolas.
The Board, with the sanction of the Local Government, may frame rules for
prescribing the conditions under which ganja, charas, or bhang, or any preparation