13
continuously for a long time, their effects are undoubtedly most ruinous. It should be
remembered that it is the men of the poorest class generally, who cannot afford to pay
for the luxury of spirituous drinks, who take to the use of ganja. It is also a fact that
men who are naturally weak, and who suffer from some sort of bodily or mental indisposi--
tion or discomfort, to obtain temporary relief generally indulge in ganja, at first in medicinal
doses, and then gradually turn to be excessive consumers of the drug. This accounts for
the fact why so large a number of the consumers of the drugs are often found to be in a
most deplorable condition. On the whole, therefore, I am inclined to believe that the pro--
hibition of the use of ganja and charas would be a source of benefit to the people."
40. He goes on to discuss the practical difficulties in the way of prohibition,
and comes to the conclusion that the prohibition should, for practical reasons,
be attained gradually and not immediately. After referring to a political phase
of the question in a paragraph already quoted under paragraph 2 I above, he
says :—
" There are other grounds besides the one mentioned above which lead me to recom-
mend a gradual prohibition. If, instead of adopting a sudden prohibitory measure, the
G overnment adopt a gradual one, it will get time to institute further inquiries, should
it be considered advisable, with a view to ascertain the exact physiological action of ganja.
If it be found possible to refine the drug and make it less injurious by di
m i n i s h i n g i t s n a r c o t i c e f f e c t , t h e q u e s t i o n w o u l d t h e n a r i s e w h e t h e r , l i k e o p i u m , i t w o u l d n o t b e a d v i s -
able to make a Government monopoly of the drug. If, however, on moral or other
grounds, this course does not commend itself to Government, it would be a question for
further consideration whether the cultivation and manufacture of ganja might not be
concentrated at one place under direct Government supervision."
* * * *
" Another great advantage to be derived by the adoption of this course is, if after
further consideration and investigation, as suggested above, the Government decides for
total prohibition, that nothing would be more easy than to give effect to such a measure."
41. With reference to this the Governor General in Council must observe
that, even accepting to the full the Raja's estimate of the effect of the evidence
as to the injurious nature of ganja, and its possible confirmation by future
enquiries, he cannot consider that prohibition would become the duty of Govern-
ment, or would even be justifiable. There are many matters in which adults
must be allowed to judge for themselves and to use their own discretion, and
the mere fact that some of them would be benefited, morally or physically, by
abstention from any particular indulgence, does not warrant the Government in
making that indulgence penal. For it is beyond a doubt that it is only by
attaching to the cultivation, or sale of hemp drugs, the penalties of the criminal
law, that prohibition could be made effective.
42. The dissent of Lala Nihal Chand takes somewhat different ground ; he
has made a laborious numerical analysis of the evidence, and practically comes to
the conclusion that the evidence is so various in character that the conclusions
as to fact arrived at by his colleagues ought not to be accepted. The vagueness
of the witnesses' answers and the absence of definite information as to facts is
a characteristic to which the Commission have called attention ; they tried to
remedy it as far as possible by making a second tour of India, and calling the
witnesses before them for cross-examination upon their written replies. Lala
Nihal Chand was unfortunately unable, by reason of bad health, to be present
on more than 5 days out of the 86 on which these cross-examinations were
recorded, and it is not surprising that he should be more impressed with the dis-
crepancies and differences in the evidence, and less confident of the establish-
ment of any conclusions upon the basis of it, than the other members of the
Commission.
43. The Lala's dissent was drawn up after the dispersal of the Commission,
and his opinions were not submitted to, or discussed by, his colleagues;
but it is quite clear that his estimate of the value and tendency of the evi-
dence of particular witnesses differs from that of the rest of the Commission.
It is not improbable that this difference arises, in a large measure, from the want
of precision, and the tendency to state opinions and impressions rather than
facts, which characterized the first collection of evidence. The Governor
General in Council, however, has thought it due to the dissentient to make a
careful examination of the evidence regarding which this difference of opinion
exists, so as to arrive independently at an estimate of its value. A summary of
that examination is appended to this Resolution, and the conclusion at which the