Circular N. 4142 of the Territorial Department Revenue from the Officiating Secretary to the Government at Bombay Castle, Charles Edward Fraser Tytler, to the Resident in the Persian Gulf [‎12r] (13/44)

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had been paid on importation, proof of legal import might be demanded, and on failure
thereof the opium might be treated as if illicitly imported. Instructions to the above effect
were issued for the guidance of the Collector of Ahmedabad.
12. The defects of Regulation I. of 1818 were at length remedied by Regulation II. of
1820, passed on the 10th of May of that year. It enacted in Section III. that all opium
imported into any part of the Bombay Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. , contrary to it, and to Regulation I. of
1818, shall be deemed smuggled, and forfeited, together with the packages containing and
^the vessels and animals conveying it. Officers of Customs and others are authorised to seize
and secure it in Govertiment warehouses next to the place of seizure, until the owner proves
its legal transit, if in Bombay before the Court of Petty Sessions, if in any subordinate dis
trict before the Magistrate of such district, within ten days after seizure. On failure of this,
the law to take effect, one-third of the value of the opium being paid to the informer, and
two-thirds to the East India Company. The right of search for smuggled opium is con
firmed in Section IV. on information on oath before any Collector of Customs, Collector or
Magistrate, with power of detention until proof of legal import is adduced ; and on
failure thereof, of confiscation in the manner above described. Any person knowingly keep
ing or concealing smuggled opium, in addition to forfeiting it, is to pay double the amount
of legal duty payable on it. The remainder of the Regulation prescribes the mode in which
seizures of opium are to be prosecuted.
13. In 1822 a circular dated 22nd August was issued to the several Collectors of
districts in which opium is chiefly consumed, calling for returns of the quantity of opium
required for internal consumption, and directing them to license the requisite number of
shops for retail, fixing the price at such a rate as would check the inordinate use of the drug,
and yet be within the reach of those addicted to it. Ou this occasion, the retail trade was
placed under further restrictions. Europeans were interdicted from engaging in it, and the
Native dealers were restricted from selling more than five tolas' weight of opium at one time
to the same individual, and were bound to conduct their sale according to the provisions of
Regulation VII. of 1817. (Vide paragraph 7 of this minute.)
14. In 1827, the Regulations or laws of this Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. were revised and embodied into
one Code, under the Government of •the Honorable Mr. Elphinstone. Regulation XXI. of
this Code imposes customs on opium, and other articles therein specified, and restrictions ou
the trade thereof. The duty is the same as was imposed by Regulation I. of 1818, namely
Rs. 12 per Suratseer on all opium "imported or brought into any harbour, or road, or port,
or place, either by land or sea, within the Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of Bombay, or territories subordinate
thereto.'' As regards the penalties for smuggling, and for aiding and abetting or concealing
the smuggling of opium, the mode of enforcing those penalties, and the rewards to be granted
to informers, the Regulation does not materially differ from Regulation II. of 1820. For
the first time, however, the supply of opium for internal consumption and its transit from
place to place was made the subject of legislative enactment. (Vide Chapter III. Regulation
XXL of 1827.) The former was entrusted to the Collector of Land Revenue, with authority
under the sanction of Government to establish depots for opium for sale to licensed dealers,
and to frame rules for its sale by retail on all points not already provided for by law. in
another Chapter of this Regulation (Chapter IV.) rules for the retail sale of opium and
penalties for breaciies of the same are prescribed. A retailer is defined to be a person selling
at one distinct sale any quantity of opium not exceeding two Surat raaunds. To obtain
this privilege, he must obtain a license from the Collector, and any person retailing without
such license, in addition to forfeiting the opium found in his possession, is liable to a fine of
Rs. 50. Any person unlicensed to retail, in whose possession is found more than a quarter
of a Surat seer of opium, not shown to have been legally obtained, is declared liable to the
penalties incurred for abetting smuggling. Licensed retailers in possession of smuggled
opium, in addition to forfeiting the opium, lose their license. The remainder of the