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16. Evidence of Ma. C. R. MARINDIN, Magistrate and Collector of Shahabad

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Reports - Indian Hemp Commission Report

Drug Abuse

16. Evidence of Ma. C. R. MARINDIN, Magistrate and Collector of Shahabad

1. Enquiries from the vendors and consumers of the drugs and from persons having a taste for scientific researches.

2. Yes. The hemp is the name of a genus of plant in the Linnxan system ; class Dicecia ; order Pentandria, male and female ; Pharmacopceal name, Cannabis.

(1) Bhang, bang, sibri, and sidhi.

Classical names.—Arabic Kanab, from which the Latin Cannabis is derived. Cannabis indica and Cannabis saliva.

The hemp is the hashish of the Arabs.

Persian names known among the Musalmans :falaksair and waraqui khyal.

(2) Ganja, ganja.

(3) Charas, charas

3. Monghyr and Bahraich (Oudh).

4. (Vide reply to question 2.) All refer to the same plant.

5. Damp climate, moist soil, and rainfall.

7. No.

10. The vendors of narcotic drugs are sunris.

12. It grows as a weed in Bhagalpur, and the ryots are glad to get it cut and cleared off their lands. I have not known any case where it is especially cultivated.

14. No.

18. All, They lose their effects in time, and keep good with ordinary care for a year only. Causes of deterioration have not been ascertained, and no preventive measures suggested.

19. Yes.

20. All classes of Hindus, especially the villagers, nearly one-third of the population, smoke ganja. Charas is not used in this district.

21. Flat.

22. Charas is not used in this district.

23. Never in this province.

24. All classes of Hindus, about one-fourth of the population, eat bhang in winter, and drink in summer, as a cooling beverage. It is the nectar of the Hindus, who give it the name of Mahadeo's buti, or the drug of Mahadeo of the Hindu Trinity.

25. On the increase.

26. (a) One-half. (b) One-fourth.
(a) One-fourth.
(d) One-twentieth.

27. (a) and (c) from all classes of Hindus, and (b) and (d) from the orders of mendicants (sadhus and jogis). No particular habit of life or circumstances leads to the practice.

28. Ganja-(a) Half an anna.
(b) Four annas.
Bhang - (a) One pice.
(6) Half an anna.

29. Ganja is used in smoking with tobacco.
Bhang-(a) Ordinarily by the poor. Pepper, and occasionally molasses.
(b) Exceptionally by the rich. Bhang sherbet -ingredients: sugar, milk, rose water, almond, cucumber seed, coriander, cardamom, and pepper.
Massala or majum-ingredients : ghi, in ilk, sugar, almond, pistachio. Dhatura (stramonium), used with bhang rarely.
The object of the admixture of the above ingredients is to make the drug agreeable, a,.(1 that of dhatura (stramonium) to intensify the narcotic effects.

30. Generally in company. Confined to the male sex, but not to any time of life. None consumed by children.

31. (a) Yes. (b) Probably.
(c) Yes.

32. None in this province. Consumed excessively by all classes of Hindus on the occasion of the Holi festival.

33. With indifference.    I think it probable that among the fakir and sadhu classes there may be strong prejudices in favour of the consumption of the drugs.

34. Only to the mendicants, the sadhus, and the jogis.

35, (a) Yes.
(b) Yes. With difficulty.
(c) and (e) Prohibition would cause a certain amount of discontent. I do not say it would amount to a political danger, but considering that the class whom I believe to be most strongly addicted to ganja, namely, the religious mendicant class, whose movements, preaching, and proceedings it is difficult to control, I think it would be impolitic to give them this handle against Government to roam disaffected among the people, especially just now. I am in favour of limiting the number of ganja shops much more strictly than is done now, but not of total prohibition.

37. Charas is not used in this district.

38. Flat ganja is the most efficacious.

40. Bhang is used by the Vaids or the indigenous school of physicians. It is used in the treatment of cattle-disease.
According to native materia medica the medicinal properties of bhang are :-
(i) laxative, (ii) diuretic, (iii) hypnotic, (iv) aphrodisiac, (v) refrigerent, and (vi) anodyne.

41. The moderate use of bhang is said to be beneficial in its effects-
(a) as a food accessory or digestive.
(b) to give staying power under severe exertion or exposure, or to alleviate fatigue.
(a) as a febrifuge.
(d) as a cure for piles.
All classes of Hindus. Moderate habitual as well as occasional use.

42. Yes.

43. The consumers of the hemp, moderate or excessive, are always inoffensive to their neighbours.

44. Stimulant. It is refreshing and produces intoxication. Ganja allays hunger, but bhang creates appetite. The effect of bhang lasts four hours and that of ganja five hours.
The after effects are giddiness, dimness of sight, and laziness.

45. The habitual moderate use of bhang is harmless. But the habitual moderate use of ganja and the excessive use of bhang affects physically, mentally and morally ; impairs the constitution, injures digestion, and causes loss of appetite.
The use of ganja causes bronchitis and asthma.
It impairs the moral tone and moral courage, and induces habits of laziness. The excessive use deadens the intellect, and produces insanity of the type of dementia, temporary or permanent. The symptoms may be re-induced by return to the use of the drugs.

47. No.

48. See reply to question 45.

49. Ganja and bhang are used as aphrodisiacs by prostitutes.
The drugs tend to produce impotence. They are stimulant in the primary, and sedative in the secondary stage.

51. (a) A good many are said to be. It is a frequent piece of evidence in a bad livelihood case that the accused consumes ganja.
(b) With crimes of violence.

53. Yes; I have known cases where the consumption of the drug has led to temporary homicidai frenzy.

51. I cannot say, but see last answer.

55. I have not known any case of this sort.

56. Tide reply to question 29.

57. Neither eaten nor drunk in this district.

58. I think it is capable of improvement in the direction of restriction. At present there are too many ganja shops. The numbers should be largely reduced. They should only be established in towns and really large villages. I would discourage the use of ganja by these means as much as possible among the rural population, and only keep sufficient shops to supply the large floating population of the province, especially the mendicant class, whose addiction to the use of the drugs we cannot hope to restrain.

Oral evidence.

Question 1.—I entered the service in November 1872. I have had experience in Behar, Bbagalpur, and North-East Bengal, principally Dinajpur.

Question 12.—The hemp plant is found chiefly, I believe, in the northern parts of the district and in the high lands of the villages which are or have been under cultivation. It grows in disused lands to a great extent. I have never seen it on the " churs." It is not a forest plant which grows in jungle or unreclaimed land. I have never seen it in such lands, though I should not like to say it does not grow there. The plant is cleared off by the people who collect it for the wholesale dealers. I believe there is a good deal of export from this district. I am told that a good deal of the plant which is exported from this district, generally for Calcutta, comes from Purnea. Some may be taken to Monghyr, where there is a warehouse under Government supervision for the supply of wholesale vendors in other districts. I do not know of any other such warehouse in the province. Our warehouses in the Arrah district draw their supply from the Monghyr warehouse. They say that the ryots do not make any money out of the wild plant. They are glad to get it cleared away for nothing from their lands. I have never heard of any import of the wild plant from Nepal. The Nepal State keeps shops along the frontier, at which our people go and buy the drug for their own use. What form of the drug they buy I cannot say : it is probably ganja.

Question 20.—The ganja in Arrah is chiefly consumed by Brahmans and Rajputs. It is also taken by other classes of Hindus, specially labourers. The Musalmans are not large consumers. The figure given in my written answer would require verification. In any case one-third of the total population would be more than I meant. The use is probably not as common among the villagers as among the town population. Ganja is very generally consumed by the Kol tribes locally known as Karwars on the Rhotas plateau.

Question 25.—My statement that the use of the drugs is on the increase is based on information gathered in the course of my enquiries. I should think it was correct, and it relates to the Arrah district.

Question 35.—In the words "especially just now" I had the Gaurakshini agitation in mind most prominently, possibly the opium question also.

Question 45.—Cases are known where the drug has produced dementia and homicidal tendency. I eau say that this answer is based on my personal experience. The cases of insanity I have in mind are the two cases which went into the Patna lunatic asylum, and which I have enquired into and reported on for the Commission. But apart from these cases I have a general conviction gathered in the course of my service, but I could not give any specific instances.

Question 51.—The evidence is generally given, I think, that the man is living beyond his means and has to resort to theft to supplement his income. I may have enquired as to the amount used and the cost to the consumer, but I cannot recall the fact. I certainly do not do it as a rule. It is very improbable that it would be tested in such cases whether the use was moderate or excessive, and the evidence might be called, to use a native phrase, of a " mamuli " sort. It is a bit of evidence which I generally disregard I certainly should not run in a man because he smoked ganja.

Question 53.—Two cases I had in my mind occurred when I was at Bhagalpur last year. One came from the Sonthal Parganas, and I learnt about it when I visited the Jail. The other was tried by one of my Magistrates in Bhagalpur and came under my notice as District Magistrate. In the Bhagalpur case the connection of the hemp drug with the crime appears on the record. It occurred about August 1893, in the sub-division of Supole, and the case was ultimately tried in the Sessions Court. Regarding the Sonthal Parganas case, I am not certain whether the hemp drug appeared on the record or whether Dr. Moorhead, who was in charge of the Jail, formed the opinion that the man was an habitual ganja smoker. This case was also tried in the Sessions Court at Bhagalpur. I cannot remember any other specific cases. After writing my answers I made enquiries in the District Magistrate's record room at Arrah, and the office could not put their hands on any case during the last five years in which the hemp drugs were connected with heinous crime.

Question 58.—I have no reason to suppose that use by the rural population is more injurious than use by town dwellers. What I have in view is to leave the habitual consumers who cannot do without the drug the means of obtaining it, and to limit the number of shops so far as to remove temptation from occasional consumers. Towns and large villages should be selected for shops, because there are more likely to be a large number of habitual consumers in such places, and the people of the surrounding villages go there for market. There are a good many ganja shops in small villages at present. I have seen them in villages of 50 or 60 houses. I have not noticed any evil effects on the population of those villages, but I advocate the change on general principles. I do not propose that the location of shops should follow a hard-and-fast rule. The circumstances of districts or tracts might require relaxation of the general rule. I think we could do with fewer shops, and I have indicated the principle on which they might be reduced. To carry the principle too far and ignore the necessity which exists among the agricultural classes for the drug would occasion considerable discontent and would also be likely to lead to illicit consumption. This is more likely to happen where the spontaneous growth is common. It has also occurred to me that bhang is less deleterious than ganja, and that the reduction of the ganja shops might be compensated by an increase of the bhang shops. In Arrah there are, I think, 37 bhang shops distinct from ganja shops. There is no spontaneous growth to speak of in that district.

The illicit consumption of ganja would probably be supplied by illicit cultivation of the plant and also by importation probably from Nepal. I have not enquired into the difficulties that lie in the way of such cultivation and importation. I also think that the existence of necessity for the drug among the labouring and agricultural classes would justify the supply of the legitimate demand apart altogether from the question of danger to the revenue from illicit consumption. I think there is a legitimate demand among the Hindus in connection with their religious festivals as well as among the labouriug and agricultural classes.

The view I formed with reference to the circular which was issued by Mr. Westmacott with the object of exterminating the wild growth in village lands was that such extermination was not practicable, at all events in a district like Bhagalpur, and that the attempt to carry it out would cause a great deal of harassment and annoyance to the villagers. The people are glad to have the plants removed from their lands it is true, where it is growing in very large quantities, but they have no special desire to have one or two plants removed from their "bans," where they do no harm.

As the plant grows in great abundance in Bhagalpur, I do not think tbe prohibition could be carried out without harassment and interference by the police, because, although the existence of the plant is evidence against the person in whose lands it grows, a large amount of labour would be required to exterminate it, and therefore the people would not be likely to undertake the labour of doing it themselves.

Appendix to MR. MARINDIN'S evidence.

Abstract of the records sent by Mr. Marindin and referred to in his oral evidence.

I EMPRESS versus CHAMAN SINGH.

This man, Charnan Singh (Rajput, cultivator), murdered his wife on the morning of 19th June 1893, but was acquitted on the ground of insanity by the Officiating Sessions Judge of Bhagalpur on 11th September 1893.

There is no mention of ganja in the "First Information Report" of the police or in the proceedings of the Committing Magistrate. The Magistrate records : "The defendant was all along a sane man, and he always pulled well with his wife, who was generally known as a woman of good character. His cousin and uncle, Babuan Singh and Kasi Singh, who live very close to his house, deposed that, just before the occurrence, he asked his wife to cook for him, as he took no food on the night, and his wife said she will do it a little after. Besides this, there is nothing to show that he had even any altercation with his wife."

Before the Sessions Judge the uncle, Kasi Singh, said of the accused : "He was in the habit of taking ganja and bhang occasionally. He took it at an interval of two or three days; but I cannot say if he took it that day. When he took it he became bad-tempered. I never take it." On the other hand, the cousin, Babuan Singh, deposed :" He never took ganja or bhang. If my uncle Kasi says so, I can only say I never saw him." Another witness says: "I never saw him take ganja or bhang."

There is no other mention of ganja in the record of evidence. In his letter of 17th July 1893 to the Civil Surgeon, the Sessions Judge specially asked whether the prisoner "appears to be the subject of mania due to taking hemp in any form." This special question was not answered by the Civil Surgeon, nor was he asked about this matter when examined as a witness in Court. The Civil Surgeon's evidence is merely," I believe him to be a man of unsound mind. His appearance is that of a man suffering from monomania. His mania refers only to his wife. He admits having killed his wife, and expresses no regret for having done so, although he admits she had done nothing wrong. He says it came into his mind that he should kill her, and if she were alive again, he would kill her."

The judgment makes no reference to ganja, but says : " There is no doubt that the act which accused is shown to have committed was the first outbreak of dangerous homicidal mania, and that that mania still continues."

II EMPRESS versus PITHU SONT HAL.

Pithu Sonthal was charged with murder of his wife, but was sent to the asylum by the Sessions Judge of Bhagalpur on 11th September 1893 as "of unsound mind and incapable of making his defence,"

Before the Committing Magistrate he stated : "I was told by my wife that Bhima Paramanak and Chota Dhanoo of my village had had sexual intercourse with her. I heard this and struck her ; " and on a later date he said : "I suspected, when deceased went out, that she went to have sexual intercourse with some other man. I went and asked her. She said she had gone to answer a call of nature. I accused her of inconstancy. She said nothing, so I struck her. [Then says] my wife admitted that Bhima Paramanak and Chota Dhanoo had had sexual intercourse with her. It was on this I struck her. I have no witness to prove this."

The evidence shows, however, that when asked at the time why he had killed his wife, the prisoner said he did not remember, and also that he had shown signs of madness the previous day. The Committing Magistrate says : "The acts of madness referred to appear to me to be an afterthought, and the Civil Hospital Assistant deposes to baying watched accused from the day he was brought in and noticed no signs of lunacy whatever."

It may be noticed, however, that the Hospital Assistant in his evidence says : "He is very quiet and silent, due to depression of the mind."

There is no mention of ganja in the whole record ; nor is there any explanation assigned by any witness of the alleged madness, except that one witness says : " Accused's only child died during the Baudna festival."

Before the Sessions Judge the prisoner seemed incapable of making his defence. The Judge, therefore, ordered that he be kept under observation until the following Sessions At the later Sessions the Civil Surgeon said : " I consider that he is not capable of understanding or making 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 SONTRAL.

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 sentenced 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 conviction and sentence on the ground "that the accused is of unsound mind and incapable of making his defence."

At the trial Durgi's servant Arkin 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 see any signs that he had been drinking He never showed any signs of insanity." Later he says : "During this 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 be 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, whatever they say, are more or less drunk, the prisoner committed the murders with which he was charged." * "In fact, it may be said that he generally ran amok as Malays are said to do."

There is no mention of genie in the record.