Drug Abuse

BARODA STATE MEMORANDUM.*

22. Wild ganja is not to be found in this part of the country. It is neither cultivated nor does it grow spontaneously in any part of His Highness' dominions.

23. Charas is neither imported nor used by the people of this part of the country. Bawas and Atits who travel in Northern India sometimes bring charas with them, which is solely used by them.

24. When I speak of ganja and bhang, I always mean flat ganja imported from Southern Maratha Country and bhang purchased in His Highness's territory or imported from Palanpur.

25. Chura is commonly known as garda in this part of the country. It is not imported in its original form, but assumes it in manipulation and in the process of packing. It is used in several preparations, of which I shall speak hereafter.

26. The hemp drug is generally known in this part of the country as ganja and bhang.
The consumers of ganja and bhang have given them different names and they are known by those names in different social circles.

32. In none of the districts of this State does the hemp plant grow spontaneously. There is no cultivation, so to say, of the hemp plant in the State except in one place, viz., Bhadran of the Petlad taluka. It is generally from ten to twelve bighas annually.

33. The land adapted for bhang and ganja cultivation is what is called here goradu, a friable sandy loam. The first operations for cultivation are started in the month of March. The land is first ploughed generally three or four times and then freely manured with dung of cattle. When the rains set in and the land is perfectly saturated it is again ploughed and harrowed. The seeds are then sown from 4 to 5 seers per bigha. When the seedlings grow to the heigat of six inches they are rooted out and transplanted on the ridges made for the purpose. There they are allowed to remain for three or four months. During the interval the weeding process is continued and when the plants commence budding the mare plants are removed, that the female tree may not bear fruits or seeds.

34. When the flowers are well developed the plants are cut and spread on the ground where they are allowed to remain to be softened by the nocturnal dews.

35. Early in the morning the treading process is carried on till noon, continuing to do so till the flowers with young tops assume a flat shape.

36. This is the process adopted by the cultivators for manufacturing flat ganja, the older leaves and fruit vessels being bhang. The yield per bigha of ganja is 8 to 10 maunds and bhang 8 to 12 maunds.

37. The hemp plant can be grown in any part of His Highness's territory with advantage: the conditions of climate, soil, rainfall are favourably adapted to the growth of the plant. It is thus round in the compounds of sadhus, fakirs, and other people who consume ganja or bhang.

38. It is said that this plant was sown largely in various places. But the restriction placed by the British Government on exportation obliged the cultivator to give up cultivation. It is now cultivated in one village, Bhadran, where bhang is made for home consumption. No narcotic hemp is cultivated either for the production of charas or its flowers and seeds. The cultivators are an ordinary class of Kunbis.

39. The following is the extent of the cultivation of bhang and its annual yield for the last six years :—

40. Two pounds of the home-bred bhang is herewith sent as a specimen for favour of being forwarded to the Secretary, Indian Hemp Drugs Commission.

41. Bhang is the only product prepared in this State. Various other preparations are made from ganja, garda, and. bbang. They were formerly made by the Tambolis and the Gandhis, but at present prepared by the license holder.

55. Before February 1892 there were no restrictions placed either on the importation or exportation of bhang and ganja, the importer had but to pay the customs duty.

56. The number of shops was not fixed nor was the sale or export regulated. Everybody on payment of import duty was free to deal in the drug as he pleased. Hence the quantity disposed of in home consumption and quantity exported cannot be ascertained.

57. Ganja and bhang were then sold in every shop of the Gandhi and Tamboli, except in places where the bhang and ganja were much used. In such places the right of selling these drugs was leased out to the highest bidder and large consumption was thus brought partly under control and excessive use restricted.

58. A large quantity of bhang and ganja was then exported from His Highness' territory by traders to the surrounding Native States and much profit was made by them.

59. The export trade has now become extinct since the publication of the Notification No. 10, dated 10th December 1891, which put a stop to importation or exportation by any person other than licensed vendor for each division.

60. Bhang and ganja which appeared in every shop of the Gandhi and Tamboli are DOW only sold in the shops licensed for the purpose.

61. The number of shops in each division is fixed and the sale of bhang and ganja is regulated.

62. The following translation of the agreement will give a better idea of the restrictions placed upon the sale and manufacture of bhang and ganja by the Government farmer :—

" I pass this agreement in writing that my tender for the exclusive right of selling bhane.r', ganja, and the preparations thereof at the appointed shops, a list of which is herewith annexed in all the talukas of the Prant, for a period of three years from ist August 1893 to 31st July 1896, is accepted on condition of my paying into the Government treasury an annual sum of Its. British currency, I bind myself to act according to the terms of the agreement mentioned below.

2. The following are the instalments by which the amount of the izara, namely, the sum of Rs. — British is to be paid to Government :—

I shall pay to Government the sum of Rs. — British annually, being the amount of the instalments aforesaid within the 15th of next month of the instalments falling due. If I shall fail to pay within the said dates, I shall pay interest at the rate of 61 per cent. per annum on the amount of the instalment from the day next after the one on which it falls due. If the interest and the amount due be not paid in due time, Government are at liberty to recover them according to the rules for the recovery of arrears of land revenue and annul the contract.

3. I shall not be entitled to compensation if any loss is incurred by the failure of season or any other causes. The responsibility of the loss rests on my head, nor shall I claim any remission from the amount of the izara on account of such loss.

4. I shall open shops at such places as are mentioned in the list or at places which shall be fixed by the Subha of the district. I shall keep such shops open from sunrise till 9 o'clock P.M. I shall open and maintain new shops and close existing shops as may be required. I shall not complain of any loss that may accrue by such proceedings.

5. As I haVe farmed the right of selling bhang, ganja, and the preparations thereof, I shall make my own arrangements for procuring them. I shall not purchase these articles from persons who do not possess a license from t.this Government for selling them other than the cultivators of bliang and ganja in this State. In case I have occasion to import or export these articles into or from foreign territory, I shall import or export them in accordance with the rules laid down in Notification No. 10, dated 10th December 1891. I shall keep in store such quantity of the articles as shall be directed by the Subha of the district.

6. If it shall be found necessary to store bhang, ganja, and the preparations thereof in one place, I shall store them in such a place of depa as shall be fixed by the Subha of the district. Articles issued from such a place of dep6t for retail sale shall be removed and transported under a permit from the Subha or such other officer as authorized by the Stine, to grant such permits. I shall keep accounts of them for each sale in accordance with the annexed form A shown to me.

7. The Government are at liberty to destroy such bliang, ganja, and other articles as are in the opinion of the Subha of the district injurious to the health of the consumers.

8. I shall not be entitled to claim the remaining stock of bhang, ganja, and the preparations thereof which shall remain at the expiration of the term of the farm or when it is annulled. Such balance shall be considered to be the property of Government, and the Subha of the district shall take it in his possession, and such portion of the bhang, ganja, and the preparations thereof thus taken in possession by the Subha, as is injurious to the health of the consumers shall be disposed of in accordance with the preceding clause 7, while tbe rast of the articles shall be made over to the new farmer at a price fixed by the Subha and the price thus adjusted shall be accepted by me.

9. I shall not sell bhang, ganja, and the preparations thereof at other shops or places than those already appointed.

10. I shall not sublet any shop or shops reserved for the sale of bhang, ganja, and the preparations thereof without permission of the Subha of the district. I shall not employ for the retail sale of bhang, gan ja, and the preparations thereof any person, for whose employment I may not have previously received written sanction. I shall receive this sanction from the Subha of the district or from some other officer authorized by the Subha to grant such sanction before employing any person for retail sale.

11. I shall not, without permission of the Subha of the district, sell more than a seer of 40 tolas of ganja or the preparations thereof, or more than 2 seers of 40 tolas each of bhang or the preparations thereof, to any person in one day.

12. I shall not receive any articles other than cash, or keep anything in pledge in barter for bhang, ganja, or the preparations thereof. I shall sell bhang, ganja, and the preparations thereof for the money that is current in each place.

13. I shall not open any shops for the sale of bhang, ganja, or the preparations thereof, or make sale therein after 9 P.M. and before sunrise ; nor shall I harbour any person of bad repute in the shops.

14. I shall not permit persons of notoriously bad charactor to resort to my shops, nor shall I permit gambling or disorderly conduct, or indecent behaviour therein. I shall forthwith give information to the nearest Magistrate or Police officer of any suspected persons resorting to my shops.

15. I shall have always fixed up in a prominent place at the entrance of my shops a signboard bearing the following inscription in legible characters in the vernacular language :—

Licensed shop for the sale of bhang, ganja, and the preparations thereof.'

16. I shall keep daily accounts printed in form B bearing the seal and signature of the Subha of the district or the Vahivatdar of the taluka, and Sall daily enter the amount of articles sold in it. Besides this I shall furnish on demand by the Subha of the district such other accounts, returns, and information respecting the dealings as the Subha may require.

17. I shall, on being asked by any officer authorized to do so, proluce for inspection the license I have received as well as the bhan,g, ganja, and the preparations thereof in the shops or in the del:a, and the accounts kept in accordance with the rules in force.

18. I shall keep in possession the proper weights for selling bhang, ganja, and the preparations thereof, and get them stamped at my own expense and shall produce them for inspection on demand by any officer authorized to do so.

19. I shall receive the balance of bhang, ganja, and the preparations thereof in the possession of the previous farmer for the prices fixed by the Vahivatdars of the talukas and shall pay the prices to the Vahivatdars.

20. I shall pay the customs duty or any tax on bhang, ganja, and the preparations thereof that may have been or may hereafter be levied.

21. If I or my servants or agents shall violate the conditions of the agreement, I shall be liable to a fine which may extend to Rs. 200 ; if the fine be not paid, Government is at liberty to recover it as an arrear of land revenue. And if I or my servants or agents act in contravention of, or omit to act in accordance with, the conditions of the license, or the terms of the notification issued in this connection, I shall, in addition to our liability to criminal prosecution, be held responsible for any acts or omission unless and until I prove that due precautionary measures to prevent such commission or omission were adopted.

22. If I or my servants or agents shall violate any conditions of the license or the terms of the notification issued in this connection or be convicted of an offence under any law, the license shall be liable to be withdrawn.

23. If my farm is cancelled or if I fail to fulfil the conditions before its term expires, Government shall make such arrangements as it thinks best ; I shall make good any loss which Government may incur by such proceedings without being entitled to any compensation.

24. When the farm is thus annulled, all the bhann., ganja, and the preparations thereof remaining unsold shall be made over to the Subha, and shall be duly disposed of by him, and the vessels, packages, and conveyances which may have been seized shall be returned to me within two months after I shall have made good the whole loss.

25. If I fail to carry out the farm before its term expires according to the conditions of the agreement, I shall pay from my own property any sum that may be found to be due from me ; and if this sum cannot be recovered from rue, Government are at liberty to recover it from the amount deposited by Me.

26. I shall deposit in the Government treasury a sum of 15 per cent, on the amount of the izara.

27. In case of any dispute which cannot be settled by a reference to these terms, I agree to any settlement that may be arrived at by a reference to the rules of auction sales in force."

63. The following statement will show the number of shops fixed and the number of shops opened by the farmers :—

69. The use of bhang and ganja is on the decrease in the State as will be clear from the quantity imported for sale during the last five years in each division, the reason for the decrease being increase in the price of these drugs.

70. The following is the quantity imported in all the divisions for the last five years :—

71. Since the introduction of the new system, the sale has very much fallen off on account of the rise in the price of bhang and gauja. Before introduction of the present measure, ganja was sold 4 tolas per pice, and now it is below one tom. Bhang was sold then 8 tolas per pice and it is now sold two tolas per pice.

72. Several persons have deposed in the course of the inquiry that the bhang and ganja have become dearer than what they were before, and that they are therefore consuming less than before, a fact not to be lost sight of that heavy duty on intoxicants lessens the consumption—a safer course to be adopted than total prohibition.

165. There is no cultivation of hemp drugtben the Baroda State except in one place to a very small extent.

166. No restrictions are placed on cultivation, nor are they necessary, as cultivation has died out of itself for causes beyond the control of His Highness's Government.

167. However, there is a safeguard provided that in case of any cultivation, the produce should be sold to none but the Government farmer.

168. The administration in regard to the import, export, and sale of bhang and ganja is based on the Notification No. 10, dated 10th December 1891. A translation in English is given below for easy reference, and for fully understanding the rules in force—

NOTIFICATION No. 10.

"By order of His Highness the Maharaja Saheb it is hereby notified that, whereas there is no restriction at present in the State as regards the places in which and the prices at which bhang, ganja, and the preparations thereof should be sold, and there is consequently a likelihood of these articles being misused, and whereas Government is anxious to prevent such misuse, it is hereby enacted as follows:—

" 2. That except those persons who cultivate bhang or ganja in this State, no person shall without permission of the Sabha, have in his possession, or in any place, more than a seer of 40 tolas of ganja or the preparations thereof, or more than 4 seers of 40 tolas of bhang or the pre. parations thereof.

" 3• That except those who cultivate bhang or ganja in this State, and those persons or their agents who may have been licensed by the Subha to sell bhang, ganja, or the preparations thereof, no person shall sell the aforesaid articles.

" 4. Cultivators of bhang and ganja in this State are permitted by the last preceding clause to sell bhang, ganja, or the preparations thereof. But these articles shall be sold only to those persons who shall have been licensed by the Subha to sell them, and to no other persons.

" 5. Any person desirous of having in his possession, or of transporting from one place to another in this State, a larger amount of bhang, ganja, or the preparations tbereof than what is permitted by the preceding clause shall obtain a license from the Sabha for so doing.

"6. Any person cultivating bhang or ganja, who sells bhang, ganja, or the preparations thereof to persons other than the licensees, or any person who possesses without a license from the Subha more than a seer of ganja or the preparations thereof, or more than 4 seers of bhang or the preparations thereof, or who sells without a license from the Subha, bhang or ganja, or the preparations thereof, or transports them from one place to another in this State without a license from tbe Subha, shall on conviction before a Magistrate be liable to be punished with fine which may extend to Rs. 200 or with simple imprisonment for a term which may extend to three months ; and the articles seized (that is bliang, ganja, or the preparations thereof) shall also be liable to confiscation.

"7. Inamdars, jaghirdars, and other liakdars, who may be in the enjoyment of the rights of possessing, selling, or causing to be sold, bhang, ganja, or the preparations thereof, and who may suffer loss by the withholding of those rights, shall lay their claims for compensation before the Subha within one year from the date of this notification.

" 8• Any officer of the departments of Police, Revenue, Customs, Abkari, Opium, and Forest may detain and search, in any open place or on the public roads any person whom he has reason to believe to be guilty of an offence under the preceding clause 6. When the search is to be made by entering a building, it may be done by a police officer not inferior in rank to a Naib Fouzdar, or by an officer of Revenue, Customs, Abkari, Opium, and Forest departments, superior in rank to a Karkoon, or by any other person authorized by the Subtla in tbis behalf.

"9. Any °fence committed under the precedino. clause 6 by any person shall be inquired into by any police officer not inferior in rank to a7Naib Fouzdar, or any officer of the Departments of Revenue, Customs, Abkari, Opium, and Forest, superior in rank to a Karkoon.

" 10. Any Magistrate convicting an offender under tbe terms of tbis notification may grant to any person who bas contributed to the arrest and conviction of the offender a reward not exceeding one4ourth of the realized amount of the fine imposed, or the value of the articles confiscated in the case.

" 11. Nothing contained in this notification shall.be deemed to affect the right of medical practitioners, chemists, or druggists or vendors of medical preparations, to prepare, sell, or supply bhang, ganja, or the preparations thereof for bona fide medical purposes.

"12. This notification Shall come into force on the ist of February 1892."

169. Importation and sale of this drug is, I can say, a State monopoly since February 1892.

170. Previous to the introduction of the monopoly system, everybody was at liberty to import bhang and ganja on payment of customs duty, except at large places, which were leased out to the highest bidder. Exportation of bhang and ganja was not restricted, nor was home consumption regulated. Every street had its own shop and anybody could sell it with impunity.

171. With a view to introduce better reforms and to brillg the sale of the drug under the Government control in order to restrict importation and sale, the State monopoly was introduced.

172. The chief control in regard to these drugs now rests with the divisional Subha assisted by the Abkari Superintendent, who has a number of Inspectors under him, to supervise the licensed shops, and to prevent commission of offences connected with the illicit importation or sale of the drug.

173. The Sir Subba is the chief central authority who leases out the right of vending and examines annually the divisional administration carried on by the Sublia.

174. The farm for sale of the drug is either given for a year or three years. The following are the figures for the four divisions :—

175. Government farmer alone now imports the drug on payment of customs duty besides the amount shown above.

176. He sells the drug at the fixed number of shops by his agency, approved of by the Subha, and makes preparation from the drug at licensed places.

177. The imported drug is stored at deptits appointed by the Sabha, and the drug in transit by the farmer through His Highness's territory has to be covered by a permit signed by officer authorized in that behalf.

178. Neither shops nor deptits can be increased without the permission of the Subha. Such permission is not granted until indispensable necessity is made out for opening a new shop or dep6t.

179. The number of retail shops is fixed by the Huzur. The guiding principle in fixing the number is the requirements of these drugs at places rather than area or population. Though there is no local option ascertained before opening shops, yet they are not forced upon the people.

180. The terms of the above notification will clearly show that there is a constant supervision over the importation and sale, whether licit or illicit, by all the departments of the State, and there is a cordon of Nakas on the frontier which minimize the evils of illicit ingress or egress of these drugs:

181. With all these excellent arrangements of control, the object in view of checking the excessive use of these drugs is nullified by the clause in the said notification, rendering possession of one seer of ganja or preparations thereof, or four seers of bhang or preparations thereof, lawful. The object was a laudable one, inasmuch as it was studiously inserted to soften the severity of the measure, having had bitter experience of hardship entailed by the Opium Rules. But the object was frustrated by the cbeap sales of the drug in the surrounding Native States, flooding His Highness's territory with their narcotic articles and allowing opportunities for excessive indulgence.

182. The first modification that is necessary is to make the possession of ganja over ten toles or preparation thereof, or half a seer of bhang or preparation thereof, unlawful. This modification will not much go to prevent illicit importation of the drug as long as surrounding Native States will continue to sell cheap ganja and bhang.

183. With all these hindrances in the way placed by the cheap sale of the drug in the surrounding Native States, the new measure has been productive of anxiously looked for results. The consumption of the drug has begun to fall off (ride statement B*), giving figures of importation with the amount of revenue realized therefrom. The rise in the price has induced people to reduce their allowance, and though the number of consumers is, as it is said, not reduced, yet the quantity consumed is very much decreased.

184. The present measure is too young to give any decided opinion or suggest any modifications. The object of all such modifications are more or less defeated by the want of cooperation of the surrounding Native States.

185. The system of taxation on these drugs can be summed up in a few words, viz., customs duty plus the amount realized from the sale of sole right to vend.

186. This taxation bas in certain places increased the price four-fold and in others sixfold than what was sold before the introduction of the new measure, and the consumption has fallen off wonderfully. All this may not be due to the new measure, and although excessive indulgence in the drug be still a constant factor, yet the past result gives a promise of a future happy augury.

187. It is said that a sudden rise in the price of liquor has driven people to consume ganja in certain places. How much truth there is in this allegation, cannot be determined, but granting it to be true, the Government has no reason to deplore as the havoes committed by alcohol are more fearful than those of narcotics. I, therefore, suggest no modification in the mode of taxation or its incidence on any of the intoxicants.

188. There is only one shop in Baroda where bhang in liquid form is drunk on the premises. There are no such shops anywhere else. I see no objection to the opening of such shops as exposure to public view, and the heavy price of the drug particularly charged at such places check excessive consumption much better than when done in solitude.

189. In conclusion, I beg most respectfully to state that I have done what I could do during the short time that was allotted to me. The magnitude of the task of collecting information from those who are particularly sensitive when questioned about their mode of life and their habits, and the hot haste with which the work was to be gone through, will, I am sure, induce you to look with a great indulgence on any defects that may have crept in. The bumble effort made by me in this connection, if only meet with your approval, will be the ample reward for the pains that I have taken during the last month and a half.