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Intoxicant Control Act, 1990

Act No.20 of 1990

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;
(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.
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.

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;
(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.
(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.
(4) Whoever has been nominated member of the Board shall remain so for two years beginning from the day of his nomination:
Provided that the Government may cancel the nomination at any time.
(5) Any member who has been nominated may renounce his charge by sending a signed letter to the Government.

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.
(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.
6. Meetings.- -(1) Subject to this section, the Board is entitled to regulate the procedures of its meetings on its own.
(2) Every meeting of the Board has to take place at the time and place fixed by the Chairman.
(3) The Chairman shall preside over all the meetings of the Board, and in his absence a representative chosen from among the other members by the Chairman.
(4) The quorum of the Board shall be formed by the presence of one quarter of the total membership.
(5) No act or proceeding of the Board shall be invalid merely on the ground of the existence of a vacancy in, or any defect in the constitution of, the Board.

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.
(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.
(3) The money collected for the fund shall be deposited into a fund bank.
(4) The fund shall be maintained and the money shall be spent in the way and form prescribed by law.
(5) The accounts of the fund shall be audited in the way and by the authorities prescribed by law.
(6) The authorities which are auditing the accounts of the fund may inspect any register or document concerning the fund and, considering it necessary, interrogate any member of the Board as well as the directors or employees of the head-office.
(7) The auditors shall, after having audited the fund, produce a report thereof to the Government.

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;
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.
10. Provisions on the production etc. of alcohol.- -(1) No person except a holder of a licence granted under this Act may-
a) establish a distillary or brewery.
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.
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.
3) The qualifying certificate granted under subsection (1) shall contain the designation of the illness which necessitates the use of alcohol for its cure, as well as an attestation of the physician regarding the aforementioned necessity.
4) Notwithstanding anything contained in this Act, foreign citizens are allowed to consume alcohol in bars holding a licence.
5) The provisions of this section regarding the import, export, purchase, carrying, preservation or consumation of alcohol shall not apply to foreign citizens bearing a diplomatic passport, persons bearing a passbook granted by a custom officer, or persons which have been admitted in accordance with to the regular baggage rules.

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;
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.
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.
(2) Only physicians are allowed to grant a qualifying certificate entitling to take intoxicants of the category C as medicine.
(3) Qualifying certificates granted under subsection (1) and (2) entitle to buy intoxicants only once.

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.

 
 
 

serial & designation of the & punishment
number & intoxicant &
1 & 2 & 3
1 & Heroine, Cocaine and & a) from 2 to 10 years' imprisonment for
& Cocaine derivatives & up to 25 gramme.
& & b) death sentence or lifelong
& & imprisonment for more than 25 gramme.
2 & Pethidine, & a) from 2 to 10 years' imprisonment for
& Morphine and & up to 10 gramme.
& Tetrahydrocanbinal & b) death sentence or lifelong
& & imprisonment for more than 10 gramme.
3 & Opium, & a) from 2 to 10 years' imprisonment for
& Cannabis resin or & up to 2 kilogramme.
& Opium derivatives & b) death sentence or lifelong imprisonment
& & for more than 2 kilogramme.
4 & Methadone & a) from 2 to 10 years' imprisonment for
& & up to 50 gramme.
& & b) death sentence or lifelong imprisonment
& & for more than 50 gramme.
5 & the other intoxicants & from 2 to 15 years' imprisonment.
& of category A &
5 & Absolute alcohol, & a) from 5 month to 3 years' imprisonment
& refined alcohol, & for up to 10 liter.
& foreign liquors, & b) from 3 to 15 years' imprisonment
& native liquors and & for more than 10 liter.
& beer &
7 & hemp or any kind & a) from 6 month to 3 years' imprisonment
& of drug cannabis & for up to 5 kilogramme.
& & b) from 3 to 15 years' imprisonment
& & for more than 5 kilogramme.
8 & Cannabis plants of & a) from 6 month to 3 years' imprisonment
& whatever species & for up to 25 plants.
& & b) from 3 to 15 years' imprisonment
& & for more than 25 plants.
9 & Phencyclidine, & a) from 6 month to 3 years' imprisonment
& Methaqualone, LSD, & for up to 5 gramme.
& Barbiturates, & b) from 5 to 15 years' imprisonment
& Amphetamine or intoxicants & for more than 5 gramme.
& prepared with the afore- &
& mentioned ones
10 & other intoxicants & from 6 month to 5 years' imprisonment

& of the category B &
11 & Intoxicants & up to 1 year's imprisonment or a fine

& of the category C & up to 10 000 Taka 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.
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.
23. Punishment for violation of a condition of a licence etc. .- (1) Whoever violates any condition of
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.
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.
(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.

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;
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.
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.

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;
b) to the Government, if the direction has been passed by 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.

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;
b) to the Government, if the order has been given by 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.

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 section
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.
30. 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.

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;
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.

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.
(2) Legalized intoxicants found at the occasion of an offence along with intoxicants to be confiscated according to subsection (1) shall also be confiscated.
(3) Notwithstanding anything contained in this section, vehicles or equipments of the Government or a statutory governmental authority used in the commission of an offence referred to in subsection (1) shall not be confiscated.

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;
b) order the article, if not 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:
Provided that, before ordering the confiscation in the aforesaid manner, a notice shall be issued in the way prescribed by law in order to give opportunity to raise an objection against the confiscation, and whoever raises an objection shall be given reasonable opportunity for a hearing within the term determined in the notice, at least five days after the date of issueing the notice.
(3) Whoever is affected by a direction given in accordance with subsection (2) may appeal within thirty days after the date of receipt of the direction-
a) to the Chief-Director, if the direction has been given by an officer subordinate to the Chief-Director;
b) to the Government, if the direction has been given by 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.

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;
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.
(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.

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;
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;
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.
(2) Whoever has been authorized by a warrant under subsection (1) shall have all the powers of the officers referred to in section 36 in order to accomplish his duties.

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;
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.
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.

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.
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.
(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.
(4) The rules regarding the abgari duty of the t Excise Act, 1909 (Ben. Act V of 1909) shall be deemed the rules regarding the madak duty of this Act, and they shall remain valid, subject to the amendments required, until particular rules regarding the madak duty have been made, and the expression "abgari duty", wherever occurring, shall be read as "madak duty" unless incompatible with the context.
(5) The Intoxicant Control Act, 1989 (Order number 19, 1989) is herewith repealed.
(6) Notwithstanding the repeal under subsection (5), actions and measures taken under the repealed Act shall be deemed to have been taken under this Act.

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.

 
Account of goods on which Intoxicant & Rate of Intoxicant Duty
Duty is to be imposed &
1) Native liquor- &
a) for all Ilakas except tea planting areas & 300 Taka per l., p., g.
b) for tea planting areas & 150 Taka per l., p., g.
2) Methyle alcohol & 225 Taka per l., p., g.
3) Rectified spirit- & 50 Taka per l., p., g.
a) Per annum at most 5 London &
proof gallons under &
a homeopathic practitioner &
licence registered under &
Bangladesh Homeopathic Practitioners &
Ordinance, 1983 ( XLI of 1983 ) &
b) Other & 225 Taka per l., p., g.
4) Foreign liquor & 750 Taka per l., p., g.
produced in Bangladesh &
5) Denatured spirit & 50 Taka per bulk gallon

 


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