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An Act made to provide for control of intoxicants and cure and rehabilitation of alcoholics
Whereas it is expedient to provide for control of intoxicants and cure and rehabilitation of alcoholics;
Therefore it is enacted as follows:-
1. Short title and commencement.- (1) This Act may be called
the Intoxicant Control Act, 1990.
(2) It shall be deemed to have come into force on the 19th Pausha,
1396/ 2nd January, 1990.
2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-
(a) "Head-office" means the intoxicants control head-office established under this Act;3. Supremacy of the Act.- The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.
(b) "Alcohol" means spirit and liquor of whatever kind, or any liquid containing more than five percent of alcohol;
(c) "Medical Practitioner" means a registered dentist and registered medical practitioner as defined in clauses (l) and (m) of section 2 of the Medical and Dental Council Act, 1980 (XVI of 1980) , and a registered veterinary practitioner as defined in section 2 (g) of the Bangladesh Veterinary Practitioner Ordinance, 1982 (XXX of 1982);
(d) "Distillery" means any factory for the production of alcohol;
(e) "Schedule" means any schedule adjoined to this Act;
(f) "Permit" means a permit given under this At;
(g) "Pass" means a pass given under this Act;
(h) "Rule" means a rule made under this Act;
(i) "Board" means the National Intoxicants Control Board established under this Act;
(j) "Brewery" means any factory or centre for the production of alcohol of the beer type;
(k) "Chief-Director" means the chief-director appointed under this Act;
(l) "Intoxicants" means any item included in the first schedule;
(m) "Intoxicants of category A, B and c means intoxicants of type A, B and C or as mentioned in the first schedule;
(n) "Alcoholic" means a person psychically or physically addicted to alcohol or using it habitually (??-not completely printed) ;
(o) "Intoxicant Cure Center" means an intoxicant cure center established or proclaimed under this Act.
(p) "Licence" means a licence given under this Act;
(q) "Place" includes any buildings and vehicles, whether steady or moving, and airports, sea ports, foreign post-offices, foreign arrivals' check post and tax outposts.
4. Establishment of the National Intoxicants Control Board.-
(1) A board called the National Intoxicants Control Board shall be established
for the purpose of this Act.
(2) The Board shall consist of the following members, namely:-
(a) one Chairman nominated by the Government;(3) If there is in the ministries and departments referred to in subsection (1) no minister in charge, the officer acting as minister, if any, shall be member of the Board.
(b) the minister in charge of the Ministry or Department of External Affairs;
(c) the minister in charge of the Ministry or Department of Internal Affairs;
(d) the minister in charge of the Ministry or Department of Health;
(e) the minister in charge of the Ministry or Department of Education;
(f) the minister in charge of the Ministry or Department of Information;
(g) the minister in charge of the Ministry or Department of Public Welfare and Women;
(h) the minister in charge of the Ministry or Department of Finance; (i) the minister in charge of the Ministry or Department of Planning;
(j) the minister in charge of the Ministry or Department of Local Government;
(k) the minister in charge of the Ministry or Department of Religion;
(l) the minister in charge of the Ministry or Department of Youth and Sports;
(m) secretary, Law Ministry;
(n) a reputed servant of society nominated by the Government;
(o) a reputed humanitarian nominated by the Government;
(p) a reputed intellectual nominated by the Government;
(q) a reputed journalist nominated by the Government;
(r) a reputed doctor or psychologist nominated by the Government;
(s) the supervisor who shall also be the secretary of the Board.
5. Responsibilities and Duties of the Board.- -The Responsibilities and Duties of the Board are as follows:-
(a) initiation and realisation of measures necessary to restrain the possibly damaging effects of intoxicants.6. Meetings.- -(1) Subject to this section, the Board is entitled to regulate the procedures of its meetings on its own.
(b) supervision of any kind of research destined to collect relevant information about intoxicants.
(c) initiation of measures regarding the production, supply, use and control of intoxicants.
(d) initiation and realisation of measures regarding the cure and rehabilitation of intoxicated persons.
(e) establishment of a teaching and publishing program in order to get the population informed about the fatal consequences of intoxicants.
(f) establishment of cooperation between all ministeries and institutions concerned and adjustment of all programs therewith connected.
(g) arrangement of anything necessary to accomplish the aforementioned duties and responsabilities.
7. National Intoxicant Control Board Fund.- -(1) In order to
inform the population about the fatal consequences caused by the use of
intoxicants and to cure and rehabilitate
intoxicated persons, the Board
shall form an independant fund, which shall be named National Intoxicant
Control Board Fund, to collect
money in addition to the allotments out
of the ordinary budget of the Government.
(2) The following amounts of money shall be deposited with that fund,
namely:-
(a) donations from the Government.(3) The money collected for the fund shall be deposited into a fund bank.
(b) donations from foreign Governments and organisations or international organisations.
(c) donations from a local authority.
(d) donations from institutions or individuals.
(e) amounts from any other source.
8. Intoxicant Control Head-office.- -(1) For the purpose of this
Act, the Government shall set up an office called intoxicant control head-office.
(2) The head-office shall support the Board in all matters of management
and it shall be responsible for the Board's decisions to
be realised.
9.Restriction on the production etc. of intoxicants except alcohol.-
-(1) It shall be interdicted to cultivate, produce, refine, carry, transport,
import, export, supply, buy, sell, keep, preserve,
store, exhibit or use
any intoxicant except alcohol.
(2) It shall be interdicted to cultivate, produce, refine, carry, transport,
import, export, supply, buy, sell, keep, preserve, store,
exhibit or use
any plant or substance serviceable in the production of intoxicants.
(3) Notwithstanding anything contained in subsection (1) and (2), where
intoxicants, plants or substances referred to in the said
two subsections
are necessary for the production of any medicament approved under any Act,
or for the carrying out of any scientific
investigation, they may be-
a) produced, refined, imported, exported, supplied, bought, sold, carried, transported, stored and exhibited on the strenght of a licence granted under this Act;10. Provisions on the production etc. of alcohol.- -(1) No person except a holder of a licence granted under this Act may-
b) used on the strength of a permit granted under this Act;
c) carried or transported on the strength of a pass granted under this Act.
a) establish a distillary or brewery.2) No person except a holder of a permit granted under this Act may consume any alcohol; further shall no muslim be granted a permit to consume alcohol except that he can provide a qualifying certificate written by at least a civil surgeon or an assistant professor of the medicine depapartment of a medical college for medical reasons.
b) produce, refine, carry, transport, import, export, supply, buy, sell, keep, conserve, store, exhibit or use alcohol.
c) use alcohol as raw material in the production of medicine.
11. Granting of licences etc.- -(1) A licence, permit or pass
under this Act shall be granted, in the ways, forms, under the conditions
and against the fees prescribed
by law, by the Chief-Director or an officer
authorized by him in this behalf.
(2) Any licence, permit or pass granted under subsection (1) shall
be valid according to the term determined therein or from the date
of its
conferment untill the end of the current half-year.
Provided that, the provisions of this Act or the conditions of the
licence not having been violated, the licence to run a laboratory,
distillary
or brewery may be renewed annually in exchange for fee.
12. Restrictions on the granting of licences etc.- -(1) Notwithstanding anything contained in this Act, no person shall be considered qualified for receiving a licence or permit under this Act, if
a) he has been convicted for a criminal offence involving moral turpitude and sentenced to imprisonment for a period of no less than three month and not been released within the last three years, or to a fine of no less than five hundred Takas and since the recovery of the fine three years have not yet passed;13. Restrictions on qualifying certificates.- -(1) Without the approval of the Chief-Director in written form, no physician may grant a qualifying certificate entitling to take intoxicants of the categories A and B as medicine.
b) he has been sentenced by a court for an offence under this Act.
c) he has violated the conditions of a licence or permit under this Act and the licence or permit referred to has, therefore, been declared invalid.
14. Power to proclaim a shop for intoxicants closed for a time.-
-(1) Being satisfied that it be necessary for the maintenance of legal
discipline in the area under their authority, Zila magistrates
and police
commissioners may order, in written form, any intoxicant shop to be closed
for a period of no more than fifteen days;
and they may, after approval
of the Board, prolongate this periodfor further thirty days.
(2) A copy of every order enforced under subsection (1) shall, without
any delay, be transmitted to the Chief-Director for his information.
15. Intoxication Cure Center.- -(1) For the purpose of this Act,
the Government shall found at least one Intoxication Cure Center.
(2) The Government may, by announcement in the official Gazette, declare
any hospital or medical center provided with a jail-hospital
an Intoxication
Cure Center.
16. Cure of intoxicated persons.- -(1) When the Chief-Director
or an officer authorized by him in this behalf gets information of someone
being, because of being addicted
to intoxicants, frequently in his behaviour
out of the natural way and therefore, in order to bring him back to a natural
way of
life, being in need of a cure without any further delay, then the
aforementioned authorities may, by a notice in written form, order
the
intoxicated person to commit himself to the charge of a physician or to
a Intoxication Cure Center within seven days after receipt
of the notice.
(2) If the intoxicated person is not able to grasp the meaning of the
notice issued under subsection (1) , it shall be served on his
guardian
or receiver, and whoever the notice has been served on shall present the
intoxicated person for cure to a physician or an
Intoxication Cure Center.
(3) The notice issued under subsection (1) and (2) not having been
complied with within seven days after its receipt, the officer
who passed
the notice may, after expiry of the term, apply to the magistrate of the
Zila concerned or the metropolitain magistrate
for an order to the effect
that the intoxicated person be put to cure by means of coercion.
(4) Having received an application under subsection (3), the Zila magistrate
or the metropolitain magistrate shall, by a notice in
written form, give
order to the intoxicated person or, in his lieu, his guardian or receiver
to appear within seven days after receipt
of the said notice personally
or represented by a proxy, and to show the reasons why the intoxicated
person shouldn't be sent to
a determined physician or Intoxication Cure
Center for forcible medical treatment.
(5) Where the reasons, after receipt of an order under subsection (4),
have been shown within the period determined, the Zila magistrate
or metropolitain
magistrate shall, within fifteen days, after having heart the intoxicated
person or, in his lieu, his guardian or
receiver and the applicant referred
to in subsection (3), decide whether the intoxicated person is to be put
to forcible medical
treatment by a physician or at an Intoxication Cure
Center determined in the direction, or whether the submitted application
for
forcible medical treatment is to be rejected.
(6) Where the reasons, after receipt of an order under subsection (4),
have not been shown within the period determined, the Zila
magistrate or
metropolitain magistrate shall, on consideration of the application under
subsection (3), decide whether the intoxicated
person is to be put to forcible
medical treatment or whether the application is to be rejected.
(7) Where the intoxicated person has not been present or has not been
presented for medical treatment at the physician or Intoxication
Cure Center
determined in the direction within seven days after issue of the order
under subsection (5) or (6), the officer submitting
the application referred
to in subsection (3) may take any measure including,if necessary, the use
of force for the intoxicated person
to be presented at the said physician
or Intoxication Cure Center for medical treatment.
(8) The Government shall defray all costs and expenses arising from
a forcible medical treatment.
17. Supply of facts about intoxication.- -(1) A member of the
family being addicted to intoxicants, the head or another elder member
of the said family shall inform the Chief-Director
or an officer subordinate
to the latter.
(2) If a physician believes one of his patients to be addicted to intoxicants
and to be, therefore, in need of a medical treatment,
he shall advice the
addicted person to put himself to a cure, and inform the Chief-Director
about the necessity of the cure in written
form.
18. Alcohol tax.- -(1) A tax named alcohol tax shall be imposed
on any kind of alcohol mentioned in the second schedule.
(2) The tax imposed under subsection (1) shall be collected and registered
in an account book by the Chief-Director or an officer
or an employee subordinate
to the aforementioned in the way prescribed by law.
19. Punishment for contravention of section(9).- -(1) Whoever, with regard to the intoxicants listed in column 2 of the following table, contravenes any provision of subsection (1) or (2) of section 9 except such provisions as refer to the cultivation of alcohol, shall be punishable with the punishments listed, in correspondance to the said intoxicants, in column 3 of the following table:
Table
| Serial Number | Designation of the Intoxicant | Punishment |
| 1 | Heroine, Cocaine and Cocaine derivatives | a) from 2 to 10 years' imprisonment for up to 25 grammes.
b) death sentence or lifelong imprisonment for more than 25 grammes. |
| 2 | Pethidine, Morphine and Tetrahydrocanbinal | a) from 2 to 10 years' imprisonment for up to 10 grammes.
b) death sentence or lifelong imprisonment for more than 10 grammes. |
| 3 | Opium, Cannabis resin or opium derivatives | a) from 2 to 10 years' imprisonment for up to 2 kilogrammes.
b) death sentence or lifelong imprisonment for more than 2 kilogrammes. |
| 4 | Methadone | a) from 2 to 10 years' imprisonment for up to 50 grammes.
b) death sentence or lifelong imprisonment for more than 50 grammes. |
| 5 | other intoxicants of category A | from 2 to 15 years' imprisonment. |
| 6 | Absolute alcohol, refined alcohol, foreign liquors, native liquors and beer | a) from 5 months' to 3 years' imprisonment for up to 10 litres.
b) from 3 to 15 years' imprisonment for more than 10 litres. |
| 7 | Hemp or any kind of cannabis drugs | a) from 6 months' to 3 years' imprisonment for up to 5 kilogrammes.
b) from 3 to 15 years' imprisonment for more than 5 kilogrammes. |
| 8 | Cannabis plants of whatever species | a) from 6 months' to 3 years' imprisonment for up to 25 plants.
b) from 3 to 15 years' imprisonment for more than 25 plants. |
| 9 | Phencycline, Methaqualone, LSD, barbiturates, Amphetamine or intoxicants prepared with the aforementioned ones | a) from 6 months' to 3 years' imprisonment for up to 5 grammes.
b) from [ 3 ] to 15 years imprisonment for more than 5 grammes. |
| 10 | other intoxicants of category B | from 6 months' to 5 years' imprisonment. |
| 11 | intoxicants of category C | up to 1 year's imprisonment or a fine of up to Tk 10,000 or both. |
(2) Whoever cultivates intoxicants of the category A shall be punishable
with imprisonment for a term which may extend from two to
fifteen years
and shall also be liable to fine.
(3) Whoever cultivates intoxicants of the categories A and B shall
be punishable with imprisonment for a term which may extend from
two to
ten years and shall also be liable to fine.
(4) Whoever is guilty of an offence listed in the table of subsection
(1) except serial number 11 shall be liable to fine in addition
to the
punishment provided for in that list.
(5) Whoever, after being convicted for an offence mentioned in this
section and serving the sentence, again commits an offence under
this section
shall, not having been sentenced to death or lifelong imprisonment, be
sentenced to twice the maximum punishment assigned
to that offence.
20. Punishment for keeping tools etc. serviceable in the production of intoxicants.- Whoever, without holding a licence granted under this Act, is found to keep any tools, equipments, raw materials serviceable in the production of intoxicants on himself or in a place in his possession shall be punishable with imprisonment for a term which may extend from two to fifteen years and shall also be liable to fine.
21. Punishment for assenting to use a room, vehicle etc. for the commission of an offence.- Whoever knowingly assents that rooms, houses, sites, grounds, vehicles, articles or equipments in his or someone else's possession are used in the commission of an offence under this Act shall be punishable with imprisonment for a term which may extend to five years or with a fine or both.
22. Punishment for acting without licence etc. .- Whoever does anything
a) referred to in clause a of subsection (3) of section 9 without a licence granted under this Act shall be punishable with imprisonment for a term which may extend from two to ten years and shall also be liable to fine.23. Punishment for violation of a condition of a licence etc. .- (1) Whoever violates any condition of
b) referred to in clause b of subsection (3) of section 9 without a permit granted under this Act shall be punishable with imprisonment for a term which may extend to two years or with a fine not exceeding five thousand Takas or both.
c) referred to in subsection (1) of section 10 without a licence granted under this Act shall be punishable with imprisonment for a term which may extend from two to ten years and shall also be liable to fine.
d) referred to in subsection (2) of section 10 without a permit granted under this Act shall be punishable with imprisonment for a term which may extend to two years or a fine not exceeding two years or both.
a) a licence granted under this Act shall be punishable with imprisonment for a term which may extend to five years or a fine not exceeding ten thousand Takas or both.(2) Whoever contravenes the interdictions determined by the Chief-Director under section 13 by granting a qualifying certificate shall be punishable with imprisonment for a term which may extend to one year or a fine or both.
b) a permit or pass granted under this Act shall be punishable with imprisonment for a term which may extend to two years or a fine not exceding five thousand Takas or both.
24. Punishment for investigations which are illegal or carried through in a harassing manner.- If any officer authorized to search, seize or arrest under this Act
a) enters and searches a place under the pretext of an investigation under this Act without justified reasons for suspicion;25. Punishment for abetting the commission of an offence.- Whoever abets and aids any person in commiting an offence under this Act or engages in a conspiracy with any person to the said purpose shall, whether the offence has been committed or not, be punishable with imprisonment for a term which may extend from three to fifteen years and shall also be liable to fine.
b) seizes any property of whatever person under the pretext of searching an article subject to confiscation under this Act without cause or in a harassing manner;
c) investigates or arrests a person without cause or in a harassing manner he shall be punishable with imprisonment for a term which may extend to one year or a fine or both.
26. Punishment for offences for which a penalty has not been provided.- Whoever contravenes any provision of this Act or law for which a separate punishment has not been provided shall, for that offence, be punishable with imprisonment for a term which may extend to one year or a fine not exceeding five thousand Takas or both.
27. Annulment of a licence etc. .- -(1) Notwithstanding anything
contained in this Act, the officer who granted the licence, permit or pass
may, after having given
opportunity to the concerned person to show his
reasons, annul the licence, permit or pass of anyone whom a licence etc.
has been
granted on and who has violated any condition of the licence etc.
as well as of any holder of a licence, permit or pass who has been
punished
for an offence under this Act or an offence cognizable for judgement under
any other Act.
(2) Whoever is affected by a direction passed under subsectionn (1)
may appeal within thirty days after the date of receipt of the
direction-
a) to the Chief-Director, if the direction has been passed by an officerr subordinate to the Chief-Director;(3) The decision of the authorities which have been appealed to shall be final and no suit may be filed against it at whatever court.
b) to the Government, if the direction has been passed by the Chief-Director.
28. Suspension of a licence etc. for a period.- (1) Notwithstanding
anything contained in section 27, if the officer who granted the licence,
permit or pass under this Act believes
that the conditions of the licence
etc. granted by him are not being duly fulfilled or are being violated,
he may, by an order in
written form, suspend the licence etc. for a period,
not exceeding sixty days, depending on the other directions included in
the
order.
(2) Whoever is affected by an order passed under subsection (1) may
appeal within thirty days after the date of receipt of the order
a) to the Chief-Director, if the order has been given by an officer subordinate to the Chief-Director;(3) The decision of the authorities which have been appealed to shall be final and no suit may be filed against it at whatever court.
b) to the Government, if the order has been given by the Chief-Director.
29. Commission of an offence by a company.- Any provision of this Act having been violated by a company, it shall be deemed that the provision has been violated by the owner, director, manager, secretary or any other officer or agent of that company, except that the person concerned can prove that the said violation ocurred without his knowledge or that he has tried everything to prevent that violation.
Annotation.- In this section30. Presumption of an offence.- If any person is found to keep on himself or in a place in his possession or under his control intoxicants or equipments and tools serviceable in the production of intoxicants or substances and ingredients necessary for the production of intoxicants, and if this contravenes the provisions of any section of this Act, the court may presume that he has contravened the said provisions and the proof to the contrary shall lie with him.
a) company shall mean a statutory governmental authority, commercial corporation or an organisation;
b) regarding commercial corperations, director shall mean shareholder as well as member of the management board.
31. Offences to be cognizable.- Notwithstanding anything contained in any other Act, all offences punishable under this Act shall be cognizable offences.
32. Power of entrance etc. . The Chief-Director or any officer authorized generally or specifically in this behalf by the former may, subject to the provisions of the law-
a) enter and inspect any place where, under a licence, intoxicants are produced or stored;33. Intoxicants etc. to be confiscated.- (1) Every intoxicant, equipment, tool, ingredient, receptacle, vessel, packet, vehicle or other article connected with or operative in the commission of an offence under this Act shall be confiscated.
b) enter and inspect at the normal business hours any shop producing and compiling, under a licence, intoxicants for sale;
c) in shops and places mentioned under a) -(1) examine the account-books or registers;(2) examine, weigh and measure the found
intoxicants, the equipments, tools and metal
utensils for the production of intoxicants;
(3) seize the weights, measures and laboratory
instruments found or considered to be defective.
34. Methods of confiscation.- (1) A court trying an offence under this Act and being convinced that a seized article is to be confiscated in accordance with section 33, may, regardless whether the offence is proved or not,
a) order the article, if an intoxicant, to be confiscated;(2) An article to be confiscated in accordance with section 33 having been seized without the offender being connected therewith, the Chief-Director or an officer authorized in this behalf by the former and being in rank higher than the officer who seized the article may, by a direction in written form, confiscate that article:
b) order the article, if not an intoxicant, to be confiscated;
a) to the Chief-Director, if the direction has been given by an officer subordinate to the Chief-Director;(4) The decision of the authorities which have been appealed to shall be final and no suit may be filed against it at whatever court.
b) to the Government, if the direction has been given by the Chief-Director.
35. Disposition of or arrangements for confiscated and seized articles.- Every article to be confiscated under this Act shall, immediately after giving order to confiscate such article, be transferred, , in the way prescribed by law, to the Chief-Director who shall provide for it being put to use, transferment or destruction or for any other kind of arrangement.
36. Power to investigate etc. without warrant.- (1) If the Chief-Director, or an officer invested in this behalf with general or restricted power by the former, or a police inspector or a police officer in rank higher than the latter, or a custom inspector or a custom officer of equal or higher dignity, or a corporal or higher officer of the Bangladesh Rifles has reasons to believe that at a certain place an offence under this Act has been, is being or will probably be committed, he may at any time, after having taken down his reasons in writing-
a) enter and search the said place, and in case of his entry being obstructed take all measures necessary to remove the hindrance including breaking of doors or windows;(2) Notwithstanding anything contained in subsection (1) , if any officer referred to in the said section has reason to believe that without entering and searching a certain place between sunset and sunrise an article connected with an offence might be destroyed or get lost, and that the offender might disappear, he may, after recording the reasons for his believe, enter and search that place during the said time.
b) seize any intoxicant or article usable in the commission of an offence, any article liable to be seized and confiscated under this Act and any document, piece of evidence or article helping to prove an offence under this Act, that he gets hold of at the said place;
c) search the body of any person present at that place;
d) arrest, at that place, any person suspicious of committing or having committed an offence under this Act.
37. Special examinations on behalf of a body search.- If during a search under this Act an officer has sufficient reasons to believe, that someone has intoxicants hidden in some part of his body, then he may, after recording the reasons for his believe, order him to suffer to have his body x-rayed or to suffer any other necessary examination as, for example, the urine's, and in case of noncompliance with the aforementioned order the officer who passed the order may take any measure including, if necessary, use of force, necessary to cause the person in question to comply with the given order.
38. Information of superior officers about seizure etc. .- After arresting a person or seizing an article under this Act, the officer responsable therefore shall, without any delay, send to his superior a report thereof in written form and a copy thereof to the Chief-Director.
39. Power of investigation of the Chief-Director etc. .- (1)
The Chief-Director, when investigating an offence under this Act, shall
have the power of an officer in charge of a police-station.
(2) The Government may on behalf of an investigation of an offence
under this Act grant, by notification in the officer Gazette, the
power
of an officer in charge of a police-station to any officer inferior to
the Chief-Director.
40. Power to issue a warrant.- (1) If the Chief-Director, or any officer inferior to the latter authorized in this behalf by the Government, or any first rank officer has reason to believe that-
a) someone has committed an offence under this Act;then he may, after having recorded his reasons, issue a warrant to arrest the said person or to search the said place at any time day and night.
b) objets connected with an offence under this Act, or documents, pieces of evidence, or any other articles of help to prove such an offence are being kept at some place or on some person;
41. Power to seize or arrest in a public place etc. .- If any officer referred to in section 36 has reason to believe that in a public place or on a vehicle in motion-
a) any intoxicant contraveneing this Act, or any article to be confiscated, or any document or piece of evidence usable for proving an offence under this Act is being kept, then he may, after having recorded his reasons, search and seize the said intoxicants, articles, documents or pieces of evidence;42. Procedures of search etc. .- Notwithstanding anything to the contrary contained in this Act, the provisions of the Code of Criminal Procedure (Act V of 1898) are to be followed with regard to all warrants issued and all searches, arrests and seizures effected under this Act.
b) a perpetrator of an offence under this Act or a person about to commit such an offence is staying, then he may, after having recorded his reasons, detain, search and, in case of an intoxicant of category A or a document or a piece of evidence being found on him, arrest him.
43. Obligation to render assistance.- In case of a request for putting into effect any provision of this Act, the officers referred to in section 36 are obliged to render each other help and assistance of whatever kind.
44. Transfer of judicial investigation.- Where during the investigation of an offence under this Act the Chief-Director requests in written form so to do, the authority conducting the investigation shall transfer the investigation to the officer determined by the Chief-Director and whomever the investigation has been transferred to shall conduct it either from the beginning or from the date it has been transferred and shall take the measures appropriate for it being completed.
45. Regulations regarding arrested persons and seized properties.-
(1) Where any person has been arrested or any properties seized on the
basis of a warrant issued under section 40, the arrested person
or the
seized property shall, without too long a delay, be sent to the officer
who issued the warrant.
(2) If the Chief-Director or an officer authorized by the former or
any other officer excepting police officers has arrested a person
or seized
properties according to section 36 and 41, he shall, without too long a
delay, send the arrested person or the seized property
to an officer in
charge of a nearby police station or any officer in the vicinity to whom
to the powers of an officer in charge of
a police station have been passed
according to section 39.
(3) The officer to whom any person or property has been sent under
subsection (1) and (2), shall take the appropriate legal measures
with
regard to the said person or property as fast as possible.
46. Investigation of bank accounts etc. .- (1) If the Chief-Director,
or an officer inferior to him has sufficient reason to believe that any
person is collecting money or
assets which are illegal by reason of being
connected with any offence under this Act, and that it is necessary, in
order to take
measures under this Act against the said person, to investigate
his bank accounts or the records informing about his income tax or
property
tax, then he shall, after having recorded his reasons, apply at the sessions
judge for the approval to investigate the said
accounts or records:
Provided that an officer inferior to the Chief-Director shall make
the said application only with the written consent of the Chief-Director.
(2) Having reviewed the application made under subsection (1) and given
opportunity for a hearing to the applicant, the sessions judge
shall decide
on the application and shall, if he thinks reasonable so to do, give his
approval, and send a copy thereof to the bank
and the tax officer concerned.
(3) The officer to whom an approval has been given shall inform the
sessions judge about the progress and result of his investigation
at the
times determined by the lastmentioned.
47. Interdiction to transfer property etc. .- (1) If an officer,
when investigating an offence under this Act, has sufficient reason to
believe that a person has acquired property
by means of the said offence,
then he may, after having recorded his reasons, apply to the sessions judge
for an order prohibiting
to sell, pledge, transfer or transact in any other
way the said property until the end of the investigation.
(2) Having reviewed the application made under subsection (1) and given
adequate opportunity for a hearing to the applicant and the
person affected
thereby, the sessions judge shall decide on the application and, if he
thinks reasonable so to do, make the order:
Provided that, the investigation not having been brought to close within
three months, the sessions judge may, on the basis of an
application of
the applicant officer, extend the said term for no more than further three
months.
Provided further that the sessions judge may, after granting a hearing
to the applicant only for special reasons, subject to the decision
on the
application taken after the hearing of both parties, pass an interim order
with regard to the application.
(3) If during a suit filed for an offence under this Act the prosecutor
applies to the court for an order prohibiting to sell, pledge,
transfer
or transact in any other way the property of the accused on account of
it being liable to confiscation after the offence
has been proved, the
court shall, if necessary, make that order after having given opportunity
for a hearing to both parties.
48. List of intoxicated persons.- (1) The Chief-Director shall
prepare a Zila list of the intoxicated persons who are in need of a cure.
(2) Every intoxicated person or his guardian or receiver may, if he
wishes so to do, apply for the firstmentioned's name being entered
in the
list prepared under subsection (1), and the Chief-Director may comply with
the application by entering the name in the list.
(3) The Board shall, as far as possible, take measures for the cure
of the intoxicated persons listed under this section.
49. Certain restrictions on the granting of licences.- (1) Whoever
has been punished for an offence under this Act with the exception of section
24, or has been put to forcible medical
treatment according to section
16, or has been entered into a list of intoxicated persons according to
section 48, shall not receive
a licence for firearms or driving of vehicles,
and if he holds such licence, it shall be declared invalid.
(2) If a licence has been declared invalid according to subsection
(1), , the affected person or, in his lieu, his guardian or receiver
shall,
within 15 days after receipt of the declaration of invalidity, deposit
the licence with the officer who granted it or a nearby
police station,
and if the licence is valid for firearms, these are also to be deposited.
50. Chemical examination and the report thereof.- -(1) For the
purpose of this Act the Government may engage a chemical examinor for intoxicants
or components of intoxicants.
(2) If in the course of actions carried out under this Act it seems
necessary to put an article to chemical examination, it shall
be sent to
the chemical laboratory established under subsection (1) .
(3) The report of the chemical examination signed by the chemical examinator
may be used as testimony in any investigation, decision
or any other kind
of proceeding under this Act.
(4) Until the foundation of a chemical laboratory under this section,
the chemical examination referred to in this section shall be
carried out
at any laboratory determined in this behalf by the Government.
51. Action taken in good faith.- No suit or other legal proceeding, whether at a civil court or at a criminal court, shall lie against the Government, Board or against any officer or any other person for any damage caused or likely to be caused to anybody by anything done in good faith under this Act or any provision thereof.
52. Accomplishment of certain duties in the ways prescribed by law.- Where there are, in this Act, provisions as to the duties to be accomplished, but not as to the authorities by, or the ways in which they are to be accomplished, they shall be accomplished in the ways and by the authorities prescribed by law.
53. Delegation of powers.- The Chief-Director may, if it seems necessary so to do, delegate any power or responsibility under this Act to any officer inferior to him by an order in written form.
54. Inadmissability of claims for compensation etc. .- where there has been caused any damage to a holder of a licence, permit or pass as a result of an order passed under section 27 or 28, the affected person may not, notwithstanding anything contained in any other Act, claim any compensation or demand back any fee paid by him.
55. Power to make rules.- The Government may by notification in the officer Gazette make rules for the purpose of this Act.
56. Repeals and Savings.- (1) With the introduction of this Act
shall be repealed the Opium Act, 1857 (Ben. Act XIII of 1857), Opium Act,
1878 (I of 1878),
Excise Act, 1909 (Ben.Act V of 1909), Dangerous Drugs
Act, 1930 (II of 1930) and Opium Smoking Act, 1932 (Ben.Act X of 1932),
herinafter
referred to as the said Acts.
(2) With the repeal of the said Acts
a) the Department of Narcotics and Liquor, herinafter referred to as the abolished Department, shall be abolished.(3) Where any taxes, duties, fees or any other dues imposed by or under any of the said Acts have not been recovered before the commencement of this Act, they shall be recovered under those Acts as if those Acts had not been repealed.
b) all properties, rights, powers and conveniences, and all immovable and movable properties of the abolished Department shall be transferred to and deposited at the head-office.
c) all officers and employees of the abolished Department shall be transferred to the head-office and be officers and employees thereof and they shall be employed under the same conditions they had before being transferred untill modifications are being introduced in due order by the Government.
d) all rules made, all orders given, all announcements and notices issued, and all licences, permits, passes and consents approved under the said Acts shall remain valid, subject to the provisions of this Act, until being repealed or amended, and shall be deemed to have been made, given, issued and approved under this Act.
e) all suits and cases filed by or against the abolished Department shall be deemed filed by or against the head-office.
First Schedule
(see section 2 (6) )
Intoxicants of the category A
1) Opium Poppy or sticky substances derived thereof.
2) Any refined, unrefined or prepared opium or any substance prepared
with the help of opium.
3) Opium derivatives like Morphine, Codeine, Thebeine, Noscapine, Narcotine,
Papavarine etc. and their salts.
4) Any substance containing more than 0, 2 percent Morphine.
5) Any intoxicant having the properties of Opium and fabricated with
unnatural means like Pethidine, Meperdine, Methadone, Dextromoramide,
Dihydrocodeine,
Meperdine Fentanyl, Pentazocaine, Hydromorphine, Omnopone, Alphaprodine,
Demeral, Oxycodone, Etrophine, Lofentanyl,
Alfentanyl, Alphamethyl Fentanyl,
3-Methyl Fentanyl, Asscetrophine, Acetylmethadol, Alphacetyl-methadol,
Betaprodine etc. .
6) Cocaine, or all Cocaine derivatives.
7) Any substance or any Cocaine salt containing more than 0, 1 percent
Cocaine.
8) Tetrahydrocanbinal in whatever form, Cannabis resin, Charas, Hashish
etc. .
9) Acetic anhydride, or any other ingredient indispensable in the production
of Heroine, Morphine or Cocaine (if the acetic anhydride
is found together
with Heroine, Morphine or Cocaine) .
10) Mescaline.
Intoxicants of the category B
1) Hemp plant, Herbal Cannabis, Bhang, Bhang plant or any substance
prepared with the help of Hemp or Bhang.
2) Any other plant ( except tobacco ) which can be used as an intoxicant.
3) Alcohol, any kind of alcoholic liquor, rectified spirit, any medicine
or liquor prepared with the help of rectified spirit, Beer,
or any liquor
with more than 5 % alcohol.
4) LSD, or any substance containing LSD.
5) Barbiturates or similiar substances.
6) Amphetamine, Methyl amphetamine or anything that contains Amphetamine.
7) Phencyclidine, Psilocybin, Nicocodine or anything that contains
such substances.
8) Methaqualone or anything that contains Methaqualone.
Intoxicants of the category C
1) Toddy, Panjui etc. .
2) Denatured spirit or methylated spirit.
3) Chlordiazepoxied, Diazepam, Oxazepam, Lorazepam, Flurazepam, Clorozepate,
Nitrazepam, Triazolam, Temazepam etc. .
4) Any sedative, tranquilizer or hypnotic medicine not mentioned under
category B.
5) Any stimulant or depressive medicine not mentioned under category
A or B.
Second Schedule
( see section 18 )
| Account of goods on which Intoxicant Duty is to be imposed | Rate of Intoxicant Duty |
| 1) Native liquor | |
| a) for all Ilakas except tea planting areas | Tk 300 per l., p., g. |
| b) for tea planting areas | Tk 150 per l., p., g. |
| 2) Methyle alcohol | Tk 225 per l., p., g. |
| 3) Rectified spirit | |
| a) per annum at most 5 London proof gallons under a homeopathic practitioner licence registered under Bangladesh Homeopathic Practitioners Ordinance, 1983 (XLI of 1983) | Tk 50 per l., p., g. |
| b) other | Tk 225 per l., p., g. |
| 4) Foreign liquor produced in Bangladesh | Tk 750 per l., p., g. |
| 5) Denatured spirit | Tk 50 per bulk gallon. |
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