14
Governor General in Council has arrived is that the evidence has been correctly
analysed and its effect correctly set forth by the Commission in the body of
their report.
For this reason the Government of India, after duly considering the dissent
of Lala Nihal Chand, do not find in it any reason to reject the conclusions which
the Commission have reached as to the general effect of the evidence.
44. But again, even admitting to the full the arguments of the Lala as to the
inconclusiveness of the evidence, the practical result must be that which the
Commission have recommended. The question is whether the cultivation and
sale of ganja products are to be taxed (and taxed as heavily as possible), or
whether they are to be prohibited under a penalty. The prohibition of the use of
ganja is, in the opinion of the Governor General in Council, an interference with
individual liberty which requires for its justification the strongest and clearest
evidence of the noxious character of the drug, both as it affects private persons
and as it affects the public generally; it cannot be based upon evidence of which
the most that can be said is that ganja is not proved to be harmful. The penaliz-
ing of cultivation and sale involves, to the public generally, an amount of inter-
ference, and only too probably an amount of oppression and harassment, which
it would require not merely vague possibilities, but the strongest grounds of
evident public advantage, to justify.
45. The Lala refers in his dissent to the decision of the majority of the
Commission not to append to their report the replies given to their printed cir-
cular of questions by the Commanding Officers and Medical Officers of Native
Regiments, and by the witnesses who gave information as to Native States.
The Commission have in their report stated the general effect of this evidence
(see paragraphs 11 and 12); but as the subjects referred to were, by the express
orders of the Government in one case, and by considerations of military adminis-
tration in the other, placed outside the limits of the Commission's enquiry, they
were unable to carry their investigations beyond the preliminary stage, or to
supplement them either by local inquiries or by oral examination of witnesses;
and it appears from the Commission's proceedings of 5th to 9th June, when the
question of the treatment of this evidence was before them, that they felt them-
selves unable to found very largely upon evidence which they had not submitted
to these tests. For political reasons the Government of India do not consider
themselves at liberty to publish the evidence relating to Native States; and that
relating to the Army, as it contains particulars and details of a confidential
character, can be published only after the elimination of names and regimental
numbers. Under these circumstances, the Governor General in Council con-
siders that the Commission were right in abstaining from appending the evidence
as part of a report intended for ultimate publication. It has, however, been
separately received by the Government.
VIII.—CONTROL AND TAXATION.
46. Prohibition therefore being put aside, the question must be taken up to
control and taxation.
As to what should be the policy of the Government of India in regard to
hemp drugs, the policy already in force has been stated in paragraph 32 of
the Resolution, and to that policy the Governor General in Council has decided
steadily to adhere. The best way to restrict the consumption of drugs is to tax
them, and to urge that Government should not derive revenue from the vices of
the people (admitting for the moment that moderate indulgence in stimulants is
properly called a vice) is tantamount to saying that the Government should sup-
press these vices, for if Government were to leave hemp drugs untaxed and still
not suppress them, very great encouragement would be given to their use. To
control the consumption of hemp drugs, and especially their harmful use, and
with this object in view, to make them as expensive as possible without driving
people to resort to more noxious intoxicants than hemp, is obviously the wisest
course the Government can adopt.
47. The Commission have described the different systems of excise ad-
Suggestions of the Commission, and orders of ministration in force in various provinces
the Governor General in Council on those sug- with regard to hemp, and their sugges-
gestions.
tions are as follows
: —
"741. The above-mentioned conclusions embody the general principles and procedure
recommended by the Commission.
With a view to bringing the systems in different