BIKANIR, STATE MEMORANDUM.

Translation of a communication from the Revenue Department, Bikanir, dated the 31st December 1893.

The Council's Order, dated the 27th October 1893, enclosing papers regarding the trade in, and preparations of, hemp drugs were received, and copies were sent to the four nizamats for enquiry and report. The nazims of Bikanir, Sujangarh, and Suratgarh sent copies to their respective tahsildars. The nazim of Reni summoned the tahsildars of Bahaderan, Churn, and Rajgarh, also the excise contractors from the three tahsils, cultivators of bhang, etc., and recorded their depositions, and returned the papers with a brief report. The nazim of Sujangarh did not record any person's statement, but only submitted answers to the questions. His subordinate tahsildars did not give full answers to the questions. The tahsildar of Ratangarh has recorded the statements of four or five persons in connection with the questions. The tahsildar of Sujangarh has also written answers to some questions, but it is not known from whom he made enquiries. The tahsildars of Dungargarh and Sardarshahr wrote that no one could give answers to these questions in their respective tahsils. The nazim of Suratgarh has sent answers to the abbreviated series of twenty-three questions only by enquiring from some people, and has also sent a memorandum of his own. The tahsildar of Anupgarh reported that no one uses ganja, charas, or bhang in his district, and none could answer the questions. As regards the tahsils of Mirazawala and Hanumangarh the nazim states that from enquiries made from the tahsildars of the above tahsils and from the mahajans, etc., of Hanumangarh, it appeared that there are no persons who use bhang, charas, or ganja in either tahsil or who could give answers to the questions. There is no excise contractor in the nizamat except at Hanumangarh. There are no persons at Suratgarh itself who consume ganja and charas, but one or two bhang consumers were found and their replies were recorded. The nazirn of Bikanir summoned the contractors and consumers of bhang, charas, and ganja and recorded their statements. From the replies received from the nizamats and from the experience and knowledge of this department the answers to the several questions have been written. It may also be noted that in the nizamat of Suratgarh there are many Raths who are Mahomedans, and the villages are inhabited by Jats and Sikhs, and all these do not use bliang, charas, or ganja. Only a very few persons use them here and there. There are consumers in the nizamats of Bikanir, Sujangarh, and Reni. Those who are allowed to drink liquor use very little bhang, though ganja and charas are used by some. The drugs are mostly used by Brahmins, Mahajans, Agarwals, Mahesris, and some Oswals, Sewaks, Chelas, and other miscellaneous castes. Saniyasi Jogis and Naths use them much, and their associates also consume them.

As regards paragraph 2 of the letter from the Secretary to the Hemp Drugs Commission regarding excise arrangements, it may be said that no proper excise arrangements existed before. The excise law and rules have only been framed this year and contain full information on the subject. One or more copies of the rules may be sent from the Council for the information of the Commission.

As regards paragraph 3 of the above letter it may be said that the excise arrangements have only been begun this year and have not yet properly come into foree, and therefore no such memorandum can be prepared. The information wanted in the note will bc given below.

As regards paragraph 4 of the letter which requires information for the past twenty years, it may be said that there were no rules and regulations previously. The duty was taken by the Customs Department, and hence this department can furnish no statistics.

NOTE.

(1) No bhang is grown in this State except at the village of Chani in the Bahaderan tahsil and at the town of Churn because the country is sandy and there are no means of irrigation. Bhang.„ charas and ganja cannot be grown without water. The cultivation of bhang at Churn was limited to one bigha of land and has ceased, because it did not prove profitable. The wells at Churn are not very deep, and bhang was sown with onions and tobacco. At Chani it is sown with onions and tobacco in three bigahs of land and is irrigated by the canal-water. There is no control over its growth. The profit is realized by the cultivators, who are at liberty to sell the produce to the excise contractors, but not to others.

(2) Bhang, charas and ganja are imported from the Punjab, Indore, Jeypore, and other places. Nothing is manufactured from them in this State except majum and powder. This is done by consumers and by the excise contractors for sale. There is no restriction. There are punishments for the breach of excise rules, and the consumers can have in their possession. drugs up to the prescribed limit only.

(3) The system of taxation is one throughout the State, viz., bhang Rs 5 a maund and ganja and charas Rs. 20 per nnaund. Full information is given in the report of the Customs Department, dated the 27th October 1893 :—

(a) There is one uniform system in the whole State. The duty is levied by the Customs Department. The head of the Customs Department at Bikauir is the central controlling authority. In the mofussil there are thanas and customs offices at which duty is levied. There are Girdawars for inspection and check. The work of levying the duty at the customs offices is performed by daroghas, naib-daroghas, and thanadars, and these are all subordinate to the Customs Department. At the head-quarters of the nizamats the nazims are the officers of excise and issue licenses for wholesale and retail vend. In like manner at the tahsil headquarters the several tahsildars and their naib do this duty in subordination to the nazirns. All these nizamats and tahsils are under the control of the Revenue Department. Everything is done in accordance with the customs and excise regulations.

(b)Wild hemp does not grow in any part of this State, but, as stated in answer No. I, some bhang is grown in Chani from which no charas or ganja or any other preparation except bhang is made. The cultivators sell it to the contractors only and not to any one else; any infraction of the rule renders the seller liable to punishment.

(c)The cultivation of the hemp plant is not prohibited by law, but the land of this State is not fit for its cultivation and there are no means of irrigation. It is only grown in Chani. There is no restriction on the cultivation.

(d) Ganja, bhang, and charas are imported into the State by contractors and ot her traders from abroad who pay the customs duty and sell the drugs to the wholesale vendors. Section 18 of the Excise Rules permits any one to import for his own use bhang up to five seers, but he has to pay a duty of one anna a seer to the excise contractor and to obtain a permit. If any one brings in majum and gulkand prepared from bhang be has to pay one anna for every rupee's worth of the drug to the contractor and to obtain a permit. No licenses are issued by the raj for the importation of drugs. As regards the exportation of intoxicating drugs from the State, it is mentioned in the report of the Customs Department that, according to article 5 of the Treaty* with Government, the export of intoxicants is prohibited, and the exporters are punished according to law. If a trader wishes to export any portion of the drugs which be has imported, a permit is given to him by the tahsildar according to section 23 of the excise law. The tahsildar supervises the packing of the drugs and puts seals on the package, and after satisfying himself in every way he sends a duplicate copy of the permit to the officer of the place to which the drugs are to go.

(e) Control is exercised over the wholesale and retail vendors according to regulations, so that they may not sell more than the quantity allowed by the law. Sections 6 and 23 give details about this. Retail vendors cannot sell to one person at a time more than 120 toles (14 seers) of bhang or majum and other preparations of bhang and 40 toles (4 seer) of charas and ganja, but on occasions of marriages, etc., he can sell more with permission. Neither wholesale nor retail vendors can keep and sell more than is permitted by law ; licenses are given to them by the raj in the middle of the month of Chait, when the year commences. The wholesale vendors fix the number of shops and get licenses for the retail vendors, and they themselves are permitted to take licenses for retail vend. Supervision over them is exercised by the nazims, tahsildars, and daroghas. The forms of licenses are given in the excise law.

(f) Mention has been made in paragraph 2 of the levy of the tax on ganja, bhang, and charas. As a precaution against evasion of duty customs chaukies and thanes have been posted on the border, and smugglers are punished by fine and confiscation of the article smuggled. Officers of the Customs Department make tours to inspect the arrangements.

(g) The contracts for wholesale vend are sold by auction in the tahsils, and licenses are issued with the sanction of the Regency Council. The number and sites of the retail shops are determined by the llamas with reference to population and the amount of consumption. The shops for retail vend are not auctioned. The wishes of the population are also regarded in fixing the sites for shops. The contractor gets licenses for the retail vendors after fixing his prices. The retail vendors cannot sell at higher rates than those fixed by the nazims.

(h) The rates are entered in the licenses for wholesale and retail vend, and no one can sell cheaper or dearer than those rates which are fixed by the nazims. The retail prices differ a little in the various districts.

(i) According to section 23 of the excise law the maximum amount fixed for retail sales to, or possession by, an ordinary consumer is bhang 120 tolas and charas 40 tolas, and the fixing of the minimum prices rests with the nazims.

(j) Since the introduction of the excise rules this year, no case of smuggling has come to notice. At the time when the excise rules came into force, all the drugs were taken away from those who possessed them and were either confiscated or sold to wholesale vendors. As mentioned in (f) defaulters of customs duty are punished by fine and confiscation of the drug. Illicit sales and possession are punished according to section 34.

(k) None.

(l) As no records of past years exist, no explanation can be given of any differences and variations that have taken place in the cultivation, trade, etc., of the drugs. There was neither permission nor prohibition on the part of the raj, and everyone who chose used publicly to sell and buy. The customs duty only was taken in the raj. The present rules have come into force this year only and have-not been fully carried out yet, and contracts have not yet been given everywhere, but illicit sales have been stopped. The statement cannot therefore be filled in. Statistics regarding the consumption and revenue cannot be prepared at present. The quantityimported can be ascertained from the Customs Department. Mention of cultivation has been made in (b), and regarding the importation of the drugs information is supplied in 2.

(m) Full details are contained in the excise law.

Translated.           
CHAS. S. BAYLEY, Political Agent, Bikanir.

Translation of a communication from the head of the Customs Department, Bikanir, dated 27th October 1893.

The Council's Order, dated the 17th October 1893, enclosing papers regarding the hemp drugs was received on the 21st idem. With reference to paragraphs 3 and 4 of the letter from the Secretary to the Indian Hemp Drugs Commission and the note mentioned in paragraph 3, I beg to state that the bhang, charas, and ganja plants do not grow either wild or by cultivation in this State, but the drugs are imported from foreign territory. No other preparations from bhang, ganja, or charas are made in this State for trading purposes, nor are they imported from other territory. On the Holi and other festivals majum is prepared from bhang and is sometimes sold retail. Bhang is pounded, mixed with milk and sugar and drunk. It is also eaten dry, in which case almonds, pistachios, etc., etc., are mixed with it. The charas imported into the State is of two kinds, viz., (1) garwa, which is smoked with tobacco ; its effect is immediate and strong ; and (2) charas. This latter is also smoked in the same way, but its effect is less strong. The ganja is of one kind only. Prior to Sambat 1942 customs duty was levied at different rates on bhang, charas, and ganja. The system of levying the duty was also different at head-quarters and in the districts, i.e., in the districts duty was realized by the tahsils, and at head-quarters by the Customs Department. The statistics for the past twenty years cannot be supplied in the prescribed form because no records exist from which the different rates of duty prevalent in different places, the amount of revenue, the quantity of the drugs imported, etc., could be ascertained. The Customs Department was reorganized in Sam bat 1942, since which time bhang has been taxed at Rs. 5 per maund and ganja and charas at Rs. 20 per maund, and one system of realization of duty has been introduced for the whole State. The customs officials are under the control of the head of the department. The customs rules have been in force. Girdawars and Naib Girdawars have been appointed for inspection work. The rawanas of Sardbat 1942 have been destroyed, but those from Sambat 1913 to 1949 are in existence, from which a statement showing the quantity of the drugs imported and the amount of revenue realized during the eight years has been prepared. It is submitted with this report. For Sambat 1942 the quantity imported has been shown in a lump. The tax on charas and ganja is levied at one rate ; therefore in some rawanas the words " charas and ganja" have been used together, and hence information regarding the two drugs cannot be supplied separately. There was formerly no prohibition in this State, and no licenses for wholesale or retail vend were given ; therefore the drugs were imported and sold without restriction. According to article 5 of the Agreement with the British Government the export from this State into British territory of intoxicating drugs was prohibited. Exporters were punished with confiscation of the drugs and fine and imprisonment according to rules framed in 1878. The punishment for the export of opium was different. But since the beginning of 1893 the excise law of the Darbar has been put in force under the supervision of the nazims and tahsildars, and the whole arrangement has been put under the control of the Revenue Department, from which information regarding the granting of licenses for wholesale and retail vend, the import and export of the drugs, and the opening of the shops, etc., can be obtained. The answers to the Secretary's questions can also be obtained through the Revenue Department, and the form of statement may be filled up there also. It has been ascertained that some bhang is grown at the village of Chani in the Bahaderan tahsil by canal irrigation, and the Revenue Department can supply information regarding its cultivation and supervision.

Translated.
CHAS. S. BAYLEY, Political Agent, Bikanir.

Statement showing the quantity of charas, ganja, and bhang imported into the State and the amount of duty realized from Sambat 1942 to 1949.