West Pakistan Prohibition of Opium Smoking Ordinance, 1960

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THE WEST PAKISTAN PROHIBITION OF OPIUM SMOKING 
ORDINANCE, 1960 
 
 
 
 
CONTENTS 
Preamble 
1. Short title and extent 
2. Definitions 
3. Prohibition of opium smoking 
4. Offences and punishments 
5. Penalty when owner fails to give notice of use of place for opium 
6. Penalty for keeping or using a place used for opium smoking 
7. Penalty for offences not otherwise provided for 
8. Presumption raised by presence of opium smoking appliances 
9. Search warrants and powers to search 
10. Powers of excise officers to search without warrant 
11. Procedure for arrest, etc. 
12. Special powers of excise officer 
13. Bail and security 
14. Aid to excise officer 
15. Confiscation and destruction of opium and things seized 
16. Offences to be triable by first class Magistrate only 
17. Bar of suits and proceedings 
 

 
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18. Repeal 
SCHEDULE 
 
 
  
 
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THE WEST PAKISTAN PROHIBITION OF OPIUM SMOKING 
ORDINANCE, 1960 
WEST PAKISTAN ORDINANCE No. II OF 1960. 
[20th January, 1960] 
AN 
ORDINANCE 
to amend and consolidate the law relating to the prohibition of opium smoking in the Province of 
West Pakistan. 
Preamble. Whereas it is expedient to amend and consolidate the law relating to the prohibition 
of opium smoking in the Province of West Pakistan; 
Now, therefore, in pursuance of the Presidential Proclamation of the seventh day of October, 
1958, and having received the previous instructions of the President, the Governor of West Pakistan is 
pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the followin g 
Ordinance:__ 
1. Short title and extent .(1) This Ordinance may be called the West Pakistan Prohibition of 
Opium Smoking Ordinance, 1960. 
1[(2) It extends to the whole of  the Province of West Pakistan, except the tribal Areas.] 
2. Definitions. In this Ordinance, unless the context otherwise requires, the following 
expressions shall have the meanings hereby respectively assigned to them, that is to say__ 
(a) “Collector” means any officer appointed by Government to discharge 
throughout any specifi ed local area the functions of a Collector under this 
Ordinance; 
(b) “excise officer” means an officer of the Excise Department not below the rank 
of a Sub-Inspector; 
(c) “Government” means the Government of West Pakistan; 
(d) “opium” means any product of opium obtained by any series of operations 
designed to transform opium into an extract suitable for smoking, and the dross 
or other residue remaining after opium is  smoked, and includes Chandu, 
Madhak and every other preparation or admixture of opium which may be used 
for smoking; and 
(e) “place” includes a building, house, shop, booth, chhaper, tent, vessel, raft and 
vehicle or any part thereof. 
 
 
1Subs. by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (West Pakistan Ordinance No. VII of 1964), s.2 and Schedule. 
 
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3. Prohibition of opium smoking. No person shall manufacture, possess or smoke opium, or 
possess any implement or app aratus used, or capable of being used, exclusively for the manufacture 
of opium, or any pipe or utensil for smoking opium. 
4. Offences and punishments . Whoever contravenes  the provisions of section 3 of this 
Ordinance, shall be punished with simple or rigorous imprisonment for a term which may extend to 
two years or with fine which may extend to two thousand rupees or with both. 
5. Penalty when owner fails to give notice of  use of place for opium . Whoever, being an 
occupier or owner of, or having any concern in, the management of any place, permits such place to 
be used, or knowing or having reason to believe that such place is being or is about to be used for the 
purposes o f opium smoking or manufacture of opium in contravention of the provisions of this 
Ordinance, fails either himself or through his agent or manager to give the earliest possible notice of 
such knowledge or belief to the Collector or to an excise officer or to the officer in charge of the nearest 
police-station, shall be punished with fine which may extend to five hundred rupees. 
6. Penalty for keeping or using a place used for opium smoking . Whoever keeps or uses 
any place or permits any place to be kept or used for the purposes of opium smoking or manufacture 
or possession of opium or has in his care or management, or in any way assists in conducting the 
business of, any place used or kept for the aforesaid purposes, shall be punished with simple or rigorous 
imprisonment for a term which may extend to one year, or with fine which may extend to one thousand 
rupees, or with both. 
7. Penalty for offences not otherwise provided for. Whoever is guilty of any act or intentional 
omission in contravention of any of the provisions of this Ordinance and not otherwise provided for 
herein shall be punished for every such act or omission with a fine which may extend to two hundred 
rupees. 
8. Presumption raised by presence of opium smoking appliances. Whenever any person is 
found in possession of any pipes or utensils ordinarily used for opium smoking or of any apparatus 
used in the manufacture of opium, it shall be presumed, unless the contrary is proved, t hat he has 
manufactured or smoked opium. 
9. Search warrants and powers to search . If a Collector, a District Magistrate, a Sub -
Divisional Magistrate or a Magistrate of the first class, upon information received and after such 
inquiry, if any, as he considers necessary, has reason to believe that any place is being or is likely to 
be used for the commission of an offence punishable under section 4,5 or 6 he may issue a warrant to 
an excise officer authorising him__ 
(a) to enter and search such place b y day or night, accompanied by any person 
whose assistance such officer may consider necessary for the discovery of any 
opium or any appliance for the preparation of opium or for opium smoking in 
such place; 
(b) to arrest and search all or any such persons  as may be found in such place and 
reasonably believed by the excise officer to be guilty of an offence punishable 
under this Ordinance, whether they are actually engaged in opium smoking or 
not; and 
(c) to seize all appliances for opium smoking or for the manufacture of opium 
which may be found in such place. 
 
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10. Powers of excise officers to search without warrant. (1) Whenever an excise officer has 
reason to believe that an offence punishable under section 4,5 or 6 has been, is being or is about to be 
committed in any place and that a search warrant under section 9 cannot be obtained without affording 
the offender an opportunity of escape or of concealing evidence of the offence, he may, at any time, 
after recording his reasons, take such action as he c ould have taken if a warrant in respect of the said 
offence had been issued to him under section 9. 
(2) The excise officer taking any action under sub-section (1) shall, as soon as possible, intimate 
in writing the action taken and the grounds of his belie f to the Magistrate having jurisdiction in the 
place. 
11. Procedure for arrest, etc. The provisions of the Code of Criminal Procedure, 1898 (V of 
1898), relating to arrest, detention in custody, execution of warrants and searches shall be applicable 
to all actions taken in these respects by an excise officer under this Ordinance. 
12. Special powers of excise officer. (1) Government may, by notification, invest any excise 
officer, by virtue of his appointment, with power to investigate any o ffence punishable under this 
Ordinance committed within the limits of the area in which such officer exercises jurisdiction. 
(2) Every excise officer empowered under sub-section (1) may, within the said limits, exercise, 
as far as may be, the same powers i n respect of such investigation as an officerincharge of a police 
station may exercise in a cognizable case under the provisions of Chapter XIV of the Code of Criminal 
Procedure, 1898 (V of 1898). 
13. Bail and security. When any person arrested under this Ordinance is prepared to furnish 
bail, he shall be released on bail or, at the discretion of the officer making the arrest, on his own bond. 
14. Aid to excise officer. Every officer of the Police and Revenue Department shall be bound 
upon request made in that behalf to render lawful aid to any excise officer while acting under the 
provisions of this Ordinance. 
15. Confiscation and destruction of opium and things seized . Any implement or apparatus 
used or capable of being used exclusively for the manufacture of opium and any pipe or utensil for 
smoking opium, wherever found, shall be confiscated and destroyed under the orders of a Magistrate 
having jurisdiction in the area where such implement, apparatus, pipe or utensil is found. 
16. Offences to be triable by first class Magistrate only . No Magistrate other than a 
Magistrate of the first class shall try any offence punishable under this Ordinance. 
17. Bar of suits and proceedings. No suit or proceedings shall lie in any civil or criminal court 
for any act in good faith done or ordered to be done in pursuance of this Ordinance. 
18. Repeal. The enactments specified in the first three columns of the Schedule are hereby 
repealed to the extent mentioned in the fourth column thereof. 
  
 
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SCHEDULE  
(See SECTION 18) 
 
Year No. Short title Extent of repeal 
1 2 3 4 
1940 XX The Sind Opium Smoking Act, 1940. The whole. 
1948 VII The Bahawalpur State Prohibition of 
Intoxicants Act, 1948. 
(i) In clause (IV) of section 2, the 
words “and opium smoking”. 
(ii) In section 3, clause (c). 
1950 IV The Baluchistan Opium Smoking 
Regulation, 1950. 
The whole. 
1953 XIII The Punjab Prohibition of Opium Smoking 
Act, 1952. 
The Whole. 
1954 IV The North-West Frontier Province 
Prohibition of Opium Smoking Act, 1954. 
The whole. 
 
 
 
 
 
 
 
 
 
 
 
 
RGN Dated: - 11-09-2025