APPENDIX TO THE RESOLUTION.

( See paragraph 43.)

EXAMINATION OF THE EVIDENCE QUOTED IN LALA NIHAL CHAND'S MINUTE OF DISSENT.

STATEMENT 1.
Social and religious customs.
Extract from the Minute of Dissent :
36. I therefore hold that, as the public opinion (social or religious) is quite against the use of ganja and charas, as has already been shown,and as they have no connection with the social and religious customs of the people, none but a few of the habitual consumers will feel any hardship by their prohibition, and that class, too, for a time only. On the contrary, even the family members of the consumers will consider the prohibition of the drugs as a blessing to them. There will be no public discontent nor any interference with the religious and social customs of the people, if ganja and charas are prohibited.
[Here is inserted a quotation.]
37. A few of the many witnesses are quoted in statement I, appended to this note, in justification of the above views.
This statement I contains extracts from the evidence -of forty witnesses. Among these witnesses are the following :—
T. Bengal.—Ganendra Nath Pal, witness No. 45. This witness says in ansvver to question 35 : "The prohibition, I should say, will create discontent among the consumers, who would naturally question the ,justice of the British Government about their freedom of action. I would not, however, anticipate any political discontent, because, loyal as the people are, they would always bow down to the decision. of the Sarkar. The prohibition would be followed by recourse to dhatura or other drugs, but not to alcoholic stimulants."
2. Mohesh Chandra Nyayaratna, witness No. 93. He said : " Ganja smokers are held in disrepute ; " but added, "sanyasis are, however, excused, and they often would beg a pice or two to enable them to smoke ganja. Charas smokers are detested." In a further written statement he said :—" Prohibition would cause discontent among con-sumers. Prohibition of the use of siddhi would cause wide-spread discontent."
3. Prokash Chunder Roy, witness No. 58. This witness said in reply to question 34: " It would be a serious privation to the sadhus and fakirs, who come from all classes, because their habit is formed by using the drug for years together. It would also be a privation to the Bhagats, who cannot have recourse to liquor as an alternative on account of religious prejudice." Then, in answer to question 35, he said:—" Prohibition may cause discontent, but not serious, nor amounting to political danger.'' This witness was not orally examined.
4. Akshay Kumar Maitra, witness No. 233. The quotation in the statement goes on. "But there is a prevailing use in some parts of Bengal of bhang on the last day of the Durga Puja," and subsequently "ganja smokers are seen offering their chillum to Mahadeo before they partake of it. This arises from the popular belief that Mahadeo, the god of power and destruction, counts ganja among his favourite drugs."
5. Gobind Chandra Das, witness No. 64, in answer to question 35, He said : "1 am of opinion that it will not be feasible to prohibit the use of these drugs absolutely."
6. Assam.—Radha Nath Changakoti, witness No. 47. His answer to question 32 does not agree with his answer to question 33. In answer to question 32 he said : " Amongst Assamese the custom is considered religious in the case of Shivratri or the annual puja
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of the god Shiva. The use is generally temperate, but is likely to lead to the formation of the habit." When cross-examined he qualified his reply to question 33, for he said : "Spiritual guides forbid the use of intoxicating things among their disciples, not among the people generally."
7. North-Western Provinces.—Raja of Bhinga, witness No. 18o, said in answer to question 34 : " It will be a great privation to ascetics and poor people who indulge in the consumption of the drugs, and would, no doubt, be a source of great political danger. The prohibition is sure to end in the use of alcoholic stimulants and in the illicit consumption of the drugs."
8. Mohant Kesho Ram Rai, witness No. 242, when orally examined, said in reply to question 32 : " There is no religious injunction to take the drugs. The rule has been invented by the consumers. The drugs are taken in connection with the worship of Mahadev, with the view of becoming naked like the god and regardless of earthly things. 1 am a Vishnavi and do not worship Mahadev."
9. Central Provinces.—Chundi Prashad, witness No. 61. In answer to question 34 he said : " Ganja smoking is a thing which is done daily, and foregoing it would be a serious privation to those accustomed to it." In answer to question 35 he said : " Bhang eating might be forbidden, but not ganja smoking ;" and then, " the best means of prohibition would be bv gradually raising the price ;" and again, " the prohibition would cause discon-tent among the habitual consumers, and there would be some danger from this discontent, but not much."
to. Rao Venkat Rao, witness No. 63, said in answer to question 35 : " It would not be feasible to prohibit the use of all these drugs at the same time. If prohibited they would be consumed illegally. The prohibition could be enforced by law. The prohibition would create discontent among consumers, but such discontent would not amount to political danger."
1. Honourable Mr. Chatnavis, witness No. 46. In answer to question 35 he said : "It would not be feasible to prohibit bhang and ganja." Again, " its prohibition would of course cause discontent among the labouring class. The discontent cannot under any circumstances amount to a political danger, but it would, I suppose, create a social danger, inasmuch as the people would then take to opium, etc." When orally examined he said in reply to question 35: " It would be possible to prohibit ganja altogether, but there would be much illicit growth and many prosecutions. The process of producing ganja is known to ordinary cultivators. Lomplete prohibition would be very difficult."
12. Trimbak Rao Sathi, witness No. 13, said in ansi.ver to question 35: " I think it would not be feasible to prohibit entirely the use of ganja or bhang, as habitual excessive consumers 'IA ill try all means to obtain it. It will cause discontent among them. The prohibition is likely to be followed by recourse to alcoholic stimulants among the lower classes, and in the higher classes opium smoking would take its place."
13. Bombay.—Balkrishna Narayan Vaidya, witness No. 46. In answer to question 35 he said : "1 do not think it is feasible to prohibit the use of ganja unless its cultivation is wholly stopped, like poppy. It would lead to discontent among a class of desperate men, such as bairagis, gosains, and other vagrant mendicants who have no property to hose in the event of a riot or even a more serious disturbance. But no political danger need be apprehended from it. The prohibition will be followed by having recourse to other stimulant drugs, not necessarily to alcoholic stimuIants, as they are dearer than the former."
14. Dr. Ganesh Krishna Garde, Witness No. 91. Only part of the reply of this wit-ness to question 33 is quottd. He went on :—" In public opinion the practice is regarded as a vice, except in ascetics, mendicants, fakirs, bairagis, and gosains, vvho are supposed to have recourse to the drug in order to aid them in religious austerities."
15. Surgeon-Major R. R. Kirtikar, witness No, 73. In answer to question 32 he said : " It is mere custom sanctified by age." Further on he said : " It is, as a rule, excessive aEuong gosains and bairagis, who, I firmly believe, use these drugs from the varied requirements of their singular lives. Bhang and ganja in such persons are the essential conditions of their lives."
16. Rango Ramchandra Bhardi, witness 31, in reply to question 35 said: " The entire prohibition would, no doubt, cause serious discontent among the habitual excessive consumers, such as bairagis, gosains, fakirs, and mendicants, but 1 do not think that such discontent would amount to a political danger."
Ardasir Dadabhoy Modi, witness No. 97, refers to Parsis only.
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18. Madras.—Diwan Bahadur S. Venkata Ramader, witness No. 35, says in answer to question 35: " It is not worth while to prohibit the use of ganja and bhang, but it should be restricted." No danger, social or political, need, he says, be feared.
19. Subapathy Moodelliar, witness No. 175, in answer to question 35 says : " Unless the cultivation of the hemp plant, which is now promiscuously done, be stopped, it is not feasible to prohibit the use of any of these drugs. The prohibition will eventu-ally produce serious discontent, but this feeling will die away in course of time. There can be no political danger from such a step. "
20: E. Subramana Iyar, witness No. 143, thinks prohibition may produce discontent, but not amounting to political danger.
It is not desired here to form an estimate of the value of the evidence of these witnesses ; but it is evident that they cannot be quoted as supporting the view set out in the above extract from the dissent.
STATEMENT
Deleterious effects of moderate use of ganja. Extract from the dissent, para. 4.4 :
But I find that a large majority of witnesses expressed their opinions about the effects of the use of these drugs, as will be seen from the following two statements, one of which is an analysis of the evidence of the medical witnesses and the other of the non-medical witnesses. An abstract of the two statements stands thus :—
TOTAL WITNESSES            DELETERIOUS.                        NOT DELETERIOUS.                    
(EXCLUDING BURMA).                                                        
MODERATI.            Excessivs.            MODZRATIX,            ExcassIvi.        
"IvpIP*IAI    •iewatu-uotsi    'fetal    "XiPIN    Teal p21.1.1•LION    Te10.1,    Medical.    leDip*O1 OON]    .1u30.1.    'le3fP1A1    Non-medical.        I    'ie31Pahl    lea,patu•noN    ploy
328    822    4,40    2og    04    623    286    561    847    76    467    243    4    2    2
Statement No. II is headed—" List of Medical Witnesses who pronounce the moderate use of ganja and charas to be deleterious in answer to questions Nos. 42, 45, and 49 "—being the 2o9 witnesses mentioned in the fourth column of the above statement.
The relevant questions are-
42. If not beneficial, do you consider the moderate use of any of these drugs to be harmless ? Give reasons for your answer.
45. Does the habitual moderate use of any of these drugs produce any noxious effects, physical, mental, or moral : (then follow several specific questions).
49. Is the moderate use of any of these drugs practised as an aphrodisiac ?
The following witnesses, among others, are included in the 209
Bengal.—B. K. Sen, witness No. 119. Question 42, says : "Moderate use of bhang and ganja do not seem to produce any serious organic mischief."
2. Urndra Nath Sen, witness No. it8, does not answer question 42.
In answer to question 45 ( a), (b), and (c) says : " No," e ., the moderate use of these drugs does not produce any noxious effects, physical, mental, or moral. Does not injure the constitution or digestion, or cause loss of appetite. In answer to question 49, says that its use as an aphrodisiac is not more iniurious than its use as an ordinary narcotic.
3. Surgeon-Lieutenant-Colonel Flood-Murray, witness No. 102, says the use of these drugs when taken very moderately appears to be practically harmless.
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4. Surgeon-Colonel Bovill, witness No. io9, in answer to question 45 says : " The habitual moderate use of bhang appears to produce no ill-effects, and in many cases that of ganja is equally harmless.
5. Behari Lal Pat, witness No 127, did not answer question 42.
6. Mir Kumar Ali, witness No. 13o. Question 45 : " Habitual moderate use of ganja or bhang does not produce any noxious effect, physical, mental, or moral, but such use of the former (ganja) impairs the constitution in some way or other."
In answer to question 46, refers to excessive use only.
7. Bijoy Rutna Sen, witness No. 15E, says : " The moderate use of ganja and charas is only noxious under certain circumstances."
8. Ganga Prosad Sen, witness No. 152. Evidence same as that of witness No. 15i.
9. Trailokya Nath Majumdar, witness No. 14o, does not answer question 42.
to. Prasad Das Mullick, witness No. 141, says in answer to question 42 : "The moderate occasional use is harmless. except to those who are predisposed to insanity."
it. Nimai Charan Dass, witness No. 142, in answer to question No. 42 says : " I think moderate use is not injurious if taken internally for medical purposes."
12. Assam.—Surgeon-Major Macnamara, witness No. 2o, says, in answer to question 45, that he cannot define moderation.
13. Dr. Macleod, witness No. 23, does not answer question 42.
x4.. Dr. James McNaught, witness No. 24. His evidence is very colourless.
t5. Azher Hosain, witness No. 27, in answer to question No. 42 : " Moderate dose appears to be harmless.''
Question No. 45 : " In long standing cases the moderate use even produces noxious effects." When orally examined he said : " It is of no use my making any statement, because I have no experience of the effect of ganja, and in fact know nothing about it.''
16. North-Western Provinces.—Surgeon-Lieutenant.Colonel Holmes, witness No. 77, in answer to question No. 42 : " Moderate use said to be beneficial and harmless.''
17. Subhan Ali, witness No. 98, in answer to question 42 " All these drugs used in small quantities are harmless."
18. Troylucko Nath Ghose, witness No. 95, in answer to question 42 : " Moderate use is harmless, as I have not seen any bad effect from their moderate use."
19. Mahomed Yar Khan, witness No. 121, in answer to question 42 : " The moderate use of any of these drugs causes no injurious results."
20. Pandit Ram Narayan, witness No. 132, in answer to question 42: " When used moderately, bhang, charas, and ganja are harmless * * * * but they are injurious in the long run, i.e., when formed into habit.
21. Lachman, witness No. 136, in reply to question No. 42 says : " Beneficial in moderation."
22. Sukhawat Ali, witness No. 172, says in reply to question 42 : " Moderate use of these drugs causes very slight, if any, harm."
23. Punjab.—Narayan Das, witness No. 52, says in answer to question 42: " The moderate use of bhang and charas is harmless, because no bad effects are visible."
24. Central Provinces.—J. Prentie, witness No. 39, said when orally examined on question No. 42 : "I mean that the beneficial effects of ganja may endure through a very long indulgence in the habit. I have known men in Bhandara who admit having been smokers for thirty cr forty years. The lung troubles are the only harmful effects I know from the moderate use."
25. Madras —Surgeon-Major Thomas, witness No. 96, said in answer to question
"The moderate use (in smoking) is not harmful. It has a soothing effect. I have
No. 42:
known many persons who smoke in moderation none the worse in any way."
26. Dr. Wells, witness No. to5, said he could give no definite opinion on question No. 42.
27. Surgeon-Major Nailer, witness No. 89, said in reply to this question : " From the known medicinal action of this drug, I consider that the moderate use of it is beneficial. It calms the nervous system, assuages hunger, is good for spasmod;c respiratory diseases, and in all respects acts like tobacco."
28. Bombay.—Jamiat Ram Jayashankar, witness No. 85, says in answer to ques-tion 42: " I think the moderate use of any of these drugs is harmless if carefully prepared and taken," and again in answer to question No. 45 : " I do not think that habitual moderate use of any of these drugs produces any noxious effect." He goes on to say that
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ganja and charas do impair the constitution in the long run, specially of the persons taking low diet.
Again, no attempt is here made to estimate the value of this evidence ; but it is obvious that these witnesses cannot be quoted in support of the proposition that the moderate use of ganja and charas is deleterious.
STATEMENT III.
Opinions of some medical witnesses on effects.
STATEMENT IV.
Opinions of some witnesses on crime.
The first of these two statements contains extracts from the evidence of 43 witnesses ; the second from that of (32 witnesses. The evidence in question is analysed at length by the Commission in paragraphs soo to 509 in one case ; and in paragraphs 54o to 55i in the other. It does not appear what objections are raised to the correctness of the Com-mission's analysis.
STATEMENT V.
Political danger of prohibition.
Extract from the Minute of Dissent.
86. I have given a list in statement V of some witnesses of position and experience, who state that there would be no political danger of the use of these drugs if prohibited.
Of the 'Ii3o witnesses enumerated in this statement, 89 say that to prohibit the use of ganja and charas would cause discontent, which might be more or less serious, and 97 are opposed to total prohibition, either because they think it would be ineffectual, or because they think it would be an unjustifiable interference with the liberty of the subject. The reason why they think it would cause no political danger is because of the small number of consumers as compared to the total population. The Commission analyse in para-graphs 569 to 584 the evidence relating to prohibition ; and their general conclusion is given in paragraph 585 of their report.