{ "schema_version": "qanun-law-text/1", "id": "pk-code-050df69fae995735", "title": "West Pakistan Prohibition of Opium Smoking Ordinance, 1960", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5tnZw%3D%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "ab63c91a781c2014dc5b78776d853016ade70faafaac9962606aee62e5826e82", "source_sha256": "ab63c91a781c2014dc5b78776d853016ade70faafaac9962606aee62e5826e82", "text_version_id": "law:pk-code-050df69fae995735:sha256:ab63c91a781c2014dc5b78776d853016ade70faafaac9962606aee62e5826e82", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 6 \r\n \r\n \r\n \r\nTHE WEST PAKISTAN PROHIBITION OF OPIUM SMOKING \r\nORDINANCE, 1960 \r\n \r\n \r\n \r\n \r\nCONTENTS \r\nPreamble \r\n1. Short title and extent \r\n2. Definitions \r\n3. Prohibition of opium smoking \r\n4. Offences and punishments \r\n5. Penalty when owner fails to give notice of use of place for opium \r\n6. Penalty for keeping or using a place used for opium smoking \r\n7. Penalty for offences not otherwise provided for \r\n8. Presumption raised by presence of opium smoking appliances \r\n9. Search warrants and powers to search \r\n10. Powers of excise officers to search without warrant \r\n11. Procedure for arrest, etc. \r\n12. Special powers of excise officer \r\n13. Bail and security \r\n14. Aid to excise officer \r\n15. Confiscation and destruction of opium and things seized \r\n16. Offences to be triable by first class Magistrate only \r\n17. Bar of suits and proceedings \r\n \r\n\r\n \r\nPage 2 of 6 \r\n \r\n18. Repeal \r\nSCHEDULE \r\n \r\n \r\n \r\n \r\nPage 3 of 6 \r\n \r\nTHE WEST PAKISTAN PROHIBITION OF OPIUM SMOKING \r\nORDINANCE, 1960 \r\nWEST PAKISTAN ORDINANCE No. II OF 1960. \r\n[20th January, 1960] \r\nAN \r\nORDINANCE \r\nto amend and consolidate the law relating to the prohibition of opium smoking in the Province of \r\nWest Pakistan. \r\nPreamble. Whereas it is expedient to amend and consolidate the law relating to the prohibition \r\nof opium smoking in the Province of West Pakistan; \r\nNow, therefore, in pursuance of the Presidential Proclamation of the seventh day of October, \r\n1958, and having received the previous instructions of the President, the Governor of West Pakistan is \r\npleased, in exercise of all powers enabling him in that behalf, to make and promulgate the followin g \r\nOrdinance:__ \r\n1. Short title and extent .(1) This Ordinance may be called the West Pakistan Prohibition of \r\nOpium Smoking Ordinance, 1960. \r\n1[(2) It extends to the whole of the Province of West Pakistan, except the tribal Areas.] \r\n2. Definitions. In this Ordinance, unless the context otherwise requires, the following \r\nexpressions shall have the meanings hereby respectively assigned to them, that is to say__ \r\n(a) “Collector” means any officer appointed by Government to discharge \r\nthroughout any specifi ed local area the functions of a Collector under this \r\nOrdinance; \r\n(b) “excise officer” means an officer of the Excise Department not below the rank \r\nof a Sub-Inspector; \r\n(c) “Government” means the Government of West Pakistan; \r\n(d) “opium” means any product of opium obtained by any series of operations \r\ndesigned to transform opium into an extract suitable for smoking, and the dross \r\nor other residue remaining after opium is smoked, and includes Chandu, \r\nMadhak and every other preparation or admixture of opium which may be used \r\nfor smoking; and \r\n(e) “place” includes a building, house, shop, booth, chhaper, tent, vessel, raft and \r\nvehicle or any part thereof. \r\n \r\n \r\n1Subs. by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (West Pakistan Ordinance No. VII of 1964), s.2 and Schedule. \r\n \r\nPage 4 of 6 \r\n \r\n3. Prohibition of opium smoking. No person shall manufacture, possess or smoke opium, or \r\npossess any implement or app aratus used, or capable of being used, exclusively for the manufacture \r\nof opium, or any pipe or utensil for smoking opium. \r\n4. Offences and punishments . Whoever contravenes the provisions of section 3 of this \r\nOrdinance, shall be punished with simple or rigorous imprisonment for a term which may extend to \r\ntwo years or with fine which may extend to two thousand rupees or with both. \r\n5. Penalty when owner fails to give notice of use of place for opium . Whoever, being an \r\noccupier or owner of, or having any concern in, the management of any place, permits such place to \r\nbe used, or knowing or having reason to believe that such place is being or is about to be used for the \r\npurposes o f opium smoking or manufacture of opium in contravention of the provisions of this \r\nOrdinance, fails either himself or through his agent or manager to give the earliest possible notice of \r\nsuch knowledge or belief to the Collector or to an excise officer or to the officer in charge of the nearest \r\npolice-station, shall be punished with fine which may extend to five hundred rupees. \r\n6. Penalty for keeping or using a place used for opium smoking . Whoever keeps or uses \r\nany place or permits any place to be kept or used for the purposes of opium smoking or manufacture \r\nor possession of opium or has in his care or management, or in any way assists in conducting the \r\nbusiness of, any place used or kept for the aforesaid purposes, shall be punished with simple or rigorous \r\nimprisonment for a term which may extend to one year, or with fine which may extend to one thousand \r\nrupees, or with both. \r\n7. Penalty for offences not otherwise provided for. Whoever is guilty of any act or intentional \r\nomission in contravention of any of the provisions of this Ordinance and not otherwise provided for \r\nherein shall be punished for every such act or omission with a fine which may extend to two hundred \r\nrupees. \r\n8. Presumption raised by presence of opium smoking appliances. Whenever any person is \r\nfound in possession of any pipes or utensils ordinarily used for opium smoking or of any apparatus \r\nused in the manufacture of opium, it shall be presumed, unless the contrary is proved, t hat he has \r\nmanufactured or smoked opium. \r\n9. Search warrants and powers to search . If a Collector, a District Magistrate, a Sub -\r\nDivisional Magistrate or a Magistrate of the first class, upon information received and after such \r\ninquiry, if any, as he considers necessary, has reason to believe that any place is being or is likely to \r\nbe used for the commission of an offence punishable under section 4,5 or 6 he may issue a warrant to \r\nan excise officer authorising him__ \r\n(a) to enter and search such place b y day or night, accompanied by any person \r\nwhose assistance such officer may consider necessary for the discovery of any \r\nopium or any appliance for the preparation of opium or for opium smoking in \r\nsuch place; \r\n(b) to arrest and search all or any such persons as may be found in such place and \r\nreasonably believed by the excise officer to be guilty of an offence punishable \r\nunder this Ordinance, whether they are actually engaged in opium smoking or \r\nnot; and \r\n(c) to seize all appliances for opium smoking or for the manufacture of opium \r\nwhich may be found in such place. \r\n \r\nPage 5 of 6 \r\n \r\n10. Powers of excise officers to search without warrant. (1) Whenever an excise officer has \r\nreason to believe that an offence punishable under section 4,5 or 6 has been, is being or is about to be \r\ncommitted in any place and that a search warrant under section 9 cannot be obtained without affording \r\nthe offender an opportunity of escape or of concealing evidence of the offence, he may, at any time, \r\nafter recording his reasons, take such action as he c ould have taken if a warrant in respect of the said \r\noffence had been issued to him under section 9. \r\n(2) The excise officer taking any action under sub-section (1) shall, as soon as possible, intimate \r\nin writing the action taken and the grounds of his belie f to the Magistrate having jurisdiction in the \r\nplace. \r\n11. Procedure for arrest, etc. The provisions of the Code of Criminal Procedure, 1898 (V of \r\n1898), relating to arrest, detention in custody, execution of warrants and searches shall be applicable \r\nto all actions taken in these respects by an excise officer under this Ordinance. \r\n12. Special powers of excise officer. (1) Government may, by notification, invest any excise \r\nofficer, by virtue of his appointment, with power to investigate any o ffence punishable under this \r\nOrdinance committed within the limits of the area in which such officer exercises jurisdiction. \r\n(2) Every excise officer empowered under sub-section (1) may, within the said limits, exercise, \r\nas far as may be, the same powers i n respect of such investigation as an officerincharge of a police \r\nstation may exercise in a cognizable case under the provisions of Chapter XIV of the Code of Criminal \r\nProcedure, 1898 (V of 1898). \r\n13. Bail and security. When any person arrested under this Ordinance is prepared to furnish \r\nbail, he shall be released on bail or, at the discretion of the officer making the arrest, on his own bond. \r\n14. Aid to excise officer. Every officer of the Police and Revenue Department shall be bound \r\nupon request made in that behalf to render lawful aid to any excise officer while acting under the \r\nprovisions of this Ordinance. \r\n15. Confiscation and destruction of opium and things seized . Any implement or apparatus \r\nused or capable of being used exclusively for the manufacture of opium and any pipe or utensil for \r\nsmoking opium, wherever found, shall be confiscated and destroyed under the orders of a Magistrate \r\nhaving jurisdiction in the area where such implement, apparatus, pipe or utensil is found. \r\n16. Offences to be triable by first class Magistrate only . No Magistrate other than a \r\nMagistrate of the first class shall try any offence punishable under this Ordinance. \r\n17. Bar of suits and proceedings. No suit or proceedings shall lie in any civil or criminal court \r\nfor any act in good faith done or ordered to be done in pursuance of this Ordinance. \r\n18. Repeal. The enactments specified in the first three columns of the Schedule are hereby \r\nrepealed to the extent mentioned in the fourth column thereof. \r\n \r\n \r\nPage 6 of 6 \r\n \r\nSCHEDULE \r\n(See SECTION 18) \r\n \r\nYear No. Short title Extent of repeal \r\n1 2 3 4 \r\n1940 XX The Sind Opium Smoking Act, 1940. The whole. \r\n1948 VII The Bahawalpur State Prohibition of \r\nIntoxicants Act, 1948. \r\n(i) In clause (IV) of section 2, the \r\nwords “and opium smoking”. \r\n(ii) In section 3, clause (c). \r\n1950 IV The Baluchistan Opium Smoking \r\nRegulation, 1950. \r\nThe whole. \r\n1953 XIII The Punjab Prohibition of Opium Smoking \r\nAct, 1952. \r\nThe Whole. \r\n1954 IV The North-West Frontier Province \r\nProhibition of Opium Smoking Act, 1954. \r\nThe whole. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nRGN Dated: - 11-09-2025", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-050df69fae995735:sha256:ab63c91a781c2014dc5b78776d853016ade70faafaac9962606aee62e5826e82:chars-0-1775:617aef6a726a0b076746c7a65db72b3c9d2cb5fdec011936fc29629ee00a20fb", "character_start": 0, "character_end": 1775, "utf8_byte_start": 0, "utf8_byte_end": 1775, "passage_sha256": "617aef6a726a0b076746c7a65db72b3c9d2cb5fdec011936fc29629ee00a20fb", "reader_fragment": "p-0-1775-617aef6a726a0b07" }, { "passage_id": "law:pk-code-050df69fae995735:sha256:ab63c91a781c2014dc5b78776d853016ade70faafaac9962606aee62e5826e82:chars-1775-3536:212dfb2fdc1cc050a972559c5d5c9cd445bf79c7a371cd776ecf9f07e148a106", "character_start": 1775, "character_end": 3536, "utf8_byte_start": 1775, "utf8_byte_end": 3556, "passage_sha256": "212dfb2fdc1cc050a972559c5d5c9cd445bf79c7a371cd776ecf9f07e148a106", "reader_fragment": "p-1775-3536-212dfb2fdc1cc050" }, { "passage_id": "law:pk-code-050df69fae995735:sha256:ab63c91a781c2014dc5b78776d853016ade70faafaac9962606aee62e5826e82:chars-3536-5259:a376a13ba6d63603042b5cc43fc083432498f6f0f4bbabc826d35c48ed431475", "character_start": 3536, "character_end": 5259, "utf8_byte_start": 3556, "utf8_byte_end": 5279, "passage_sha256": "a376a13ba6d63603042b5cc43fc083432498f6f0f4bbabc826d35c48ed431475", "reader_fragment": "p-3536-5259-a376a13ba6d63603" }, { "passage_id": "law:pk-code-050df69fae995735:sha256:ab63c91a781c2014dc5b78776d853016ade70faafaac9962606aee62e5826e82:chars-5259-7045:c1898594eed489917420d023db7de172bd0ef796acbb71797cf235412c309aa0", "character_start": 5259, "character_end": 7045, "utf8_byte_start": 5279, "utf8_byte_end": 7065, "passage_sha256": "c1898594eed489917420d023db7de172bd0ef796acbb71797cf235412c309aa0", "reader_fragment": "p-5259-7045-c1898594eed48991" }, { "passage_id": "law:pk-code-050df69fae995735:sha256:ab63c91a781c2014dc5b78776d853016ade70faafaac9962606aee62e5826e82:chars-7045-8802:338fd16368c2fbff84fbacc181ea7321fc427010937794b95d692bc3d669b0ce", "character_start": 7045, "character_end": 8802, "utf8_byte_start": 7065, "utf8_byte_end": 8822, "passage_sha256": "338fd16368c2fbff84fbacc181ea7321fc427010937794b95d692bc3d669b0ce", "reader_fragment": "p-7045-8802-338fd16368c2fbff" }, { "passage_id": "law:pk-code-050df69fae995735:sha256:ab63c91a781c2014dc5b78776d853016ade70faafaac9962606aee62e5826e82:chars-8802-10161:92f7dc4b4085f43320ee862cf43047966ed0ea2891b3b9942f618b3f6204a432", "character_start": 8802, "character_end": 10161, "utf8_byte_start": 8822, "utf8_byte_end": 10185, "passage_sha256": "92f7dc4b4085f43320ee862cf43047966ed0ea2891b3b9942f618b3f6204a432", "reader_fragment": "p-8802-10161-92f7dc4b4085f433" } ] }