4. Evidence of M. G. TOYNBEE, Commissioner, Bhagalpur Division

Oral evidence.

Including furlough my total service is 28 years, all in Lower Bengal. Out of that I have passed about 10 years in Orissa in all the grades from Assiotant Collector to Commissioner. Of my Bengal service I have been for almost equal periods in Bengal Proper, Eastern Bengal and Behar.

I have formed no general opinion of the effects of the drugs, for the use is not common. As well as I can judge, the effects of the drugs are the reverse of favourable. A bearer of mine was said by his fellow-servants to eat ganja, and the effect was temporary insanity. He found his was' into the Hughli jail, where he was very filthy in his habits. I cannot say whether he went to the asylum from the jail. He left my service, as he was taken up for theft, and he became insane in jail after a week or two, I believe. I conclude that his insanity was due to ganja, because the servants said he ate it. He had not to my knowledge been mad before. His eyes always had a wild look. He had only heen two or three months iu my service. My wife said she was afraid of him on account of his wild appearance and peculiar manner. He was only a temporary mate-bearer, and I did not see much of him. I knew nothing of his previous history. This is the only specific instance of the evil effects of the drug which I can give.

As Magistrate and visitor of jails I have formed the general impression that crimes of violence are very frequently attributed to the hemp drugs. This impression is not based on specific knowledge, but on general reports and popular rumour.

I do not remember coming across any cases of ganja consumers except the one I have described, and in that it was the servants' statement only. The consumption of ganja has not been a fact which intruded itself upon me, so that I cannot point to any person and say he is a consumer. I have never had persons pointed out to me as social wrecks from the effects of ganja.

On the other hand I have known several cases in which I was certain of the use of alcohol, and I remember for certain dismissing at least one clerk for repeated intemperance. I think I have dismissed more. I have seen many careers among my clerks wrecked through indulgence in alcohol. I am only referring to cases of natives, and these were frequently of good social position. As far as I have seen, many more cases of evil effects from alcohol than from hemp have come before me. The effects of the former seem to be more on the surface.

The hemp plant is, I believe, universally grown in the Gurjat Mahals. I have only made one tour in these tracts, which lasted three months. I saw the plant growing near houses, but cannot say whether it was cultivated or had sprung up of itself. I have never seen it away from the villages. I could not say for certain whether the plant is used in the hill tracts. But I have heard that it is used medicinally in a decoction made from the plant in the green state. I have never heard of its being used for cattle. It is sold into the Mogalbaudi. The fact that the plant is found near the houses, and not found in the jungles, points to its being either cultivated or sprung from seed thrown aside by consumers. It is not grown in fields, but five or six plants may be found in almost every village. This amount of growth is more than would be required for the alleged medicinal use, and I doubt if all the drug is used medicinally. I believe it is collected in centres and sold into British territory, most probably by the Rajas or their underlings, certainly not without the Rajas' consent. I do not think it is much used by the people themselves. About three years ago we tried to get the Rajas to agree to allow the drug to be exported under regular supervision, and a set of rules was drawn up for the purpose. These rules must have been subsequent to the Bengal Government Resolution No. E. of 6th September 1889. Some of the Rajas did adopt the rules, which were an amicable arrangement between the Rajas and the Superintendent of the Tributary States, and rome temporized. These did not say "no," but did not adopt the rules. These rules were framed in pursuance of a policy which Government have no doubt approved, but, as far as I know, they were not sanctioned by Government. The origin of this action was, as I remember, that after the abolition of prohibition under the orders of September 1889, the Excise Commissioner complained of the flagrant smuggling which was being carried on from the States into the British territory.

The Excise officers were constantly complaining of the smuggling, but I could not say the extent to which it was carried on. The complaints were never-ceasing.

Regarding the orders issued by the Bengal Government in September 1889, it was no doubt a mistake in fact to suppose that the G-urjat ganja was used entirely or mainly as a drink ; but I do not think there was any mistake in the policy of that Resolution, because, though the Superintendent reported that the prohibition had been enforced in eleven of the States, I do not believe that the enforcement was more than nominal. Even if a Raja agreed to prohibit, I do not believe be would carry out the arrangement. Therefore, believing this, though I have no personal knowledge of what had occurred before 189U, I think that no real progress had been made. If I heard that greater success bad attended similar prohibition in States of the Central Provinces, 1 should attribute it to the better supervision exercised in the Central Provinces, owing to the fact that they have a Political Agent who is much more in touch with the Rajas than the Superintendent of the Tributary 1t1 Adis can possibly be. I believe also that the Central Provinces Government exercises stricter supervision and more severe control over the proceedings of the Rajas than the Bengal Government allows the Superintendent to do. I understand that the Commissioner in the Central Provinces has authority to send for a Raja and reprimand and warn him regarding the misgovernment of his State; whereas on our side this is not allowed, except in cases of open revolt. In my opinion, if the Government is to secure the Rajas against revolt as the consequence of misgovernment, there ought to be greater powers of supervision and control than there are at present. With these greater powers in the hands of the Superintendent the Rajas would be more amenable to advice. And any advice which the Chiefs affected to accept, and any orders issued in accordance therewith, would also be much more easily Given effect to and carried out if there were a political officer appointed to visit the States and be in constant touch with them as the Superintendent, Tributary Mahals, cannot possibly be.

In excise matters the Rajas would become more amenable if such an arrangement were made. And as regards ganja, all that would be necessary would be to get the Rajas to order all the ganja intended for export to British territory to be brought together into a central dep6t and to be sent only under pass. Such ganja would be subjected to an adequate duty on entering British territory. I should not interfere with internal consumption at all. The Raja would then be responsible that ganja was not exported from his territory without pass, that is to say, he would issue orders against any export except through the gola, and he would punish any attempt to evade such order. A smuggler would render himself liable to punishment by his own Raja and the co-operation of the Raja would be secured. If this were effectually carried out, it would be sufficient.

If the Rajas would agree to prohibit cultivation and accept our ganja, receiving the duty themselves, as in the Central Provinces, that would be a better and simpler solution of the matter.

The effect of the decision of the High Court and the Secretary of State declaring the Gurjat States to be foreign territory has been followed by the repeal of the Regulations which were previously in force. On the matters provided for by Regulation, e.g., succession and settlement of boundary disputes, executive orders have been substituted, and no practical change in the relations between the Rajas and the Superintendent has taken place, except that the Superintendent's authority has been weakened owing to the necessity for referring everything to Government. With regard to excise, there was no law or regulation in force in the States. The position of the Government in excise matters in relation to the States is affected by the Secretary of State's decision, inasmuch as the authority of the Superintendent has been weakened, and inasmuch as the Rajas are more independent in their tone. I cannot say whether it has actually been altered : that will depend on the terms of the sanads which are under consideration. So far as I remember, there is no special reference to excise matter in the proposed satiads, hut they define generally the relatious between Government and the Rajas.

I see no objection to the introduction of Rajshahi ganja into the States if the G urj at ganja is prohibited. I am not prepared to say that I approve the opening of shops where none now exist. I have not formed any opinion as to the comparative strength and effects of the Rajshahi and Gurjat drugs. The introduction of a systeni of ganja excise involving the establishment of shops would tend to the reduction of consumption if the native drug were prohibited. There is no limit to the amount of their own ganja which the people of the Gurjats can obtain at present. I doubt if the opening of shops would increase consumption even if the drug supplied were of superior quality, because the inhabitants of the Gurjats are satisfied with the commonest kinds of drugs and other articles.