Opium Smoking Act, Bombay 1936 - Bombay High Court

f..Born. XXVI ,of 1949.iReplacement Series No. XXII-p. 34 2025,~~)"'i'{BOMBAYACT No.XX OF 19361[;rUE BOMBAY OPIUM SMOKING ACT. 1936][7th December 1936]Adapted and modifi~ by thp Adaptation of Indian Laws Order in Council.Amend~ by Born. 17 of 1945.t'Amended by Born. 43 of 1949. .Adapted and modified by the Adaptation of Laws Orders, 1950.Amended by Born. 19 of 19~9. ( 1"-4-1959)*, Amended by Born. 63 of 1959. '. Adapted and modified by the Maharashtra Adaptation of Laws (State anfl ConcurtentSubjects) Order, 1960. .Amended by Mah. 52 of 1973 ( 14-1-1974)*An Act 2[toprohibit the smoking of opium] and to,prevent the assembling of persons, 'for the purpose of such smoking in the 3[State of Bombay.],'.. Whereas it is eXpedient 4[to prohibit the smoking of opium] and to prevent the assem- .bling of persons for such smoking in the 5[State of Bombay] in the manner hereinafterappearing; '* * * *; It is he~eby enacted as follows :-'CHAPfER I..PRELIMINARY1. (1) This Act may be called the Bombay Opium Smoking Act. 1936.7[(2) It extends to,the whole of the 8[State of Maharashtra ].(3) 9* * * *. .2. In this Act, unless there is anything repugnant iri the subject or .context- . Definitions.11[(1)"Collector" includes any person appointed by the State Governmentto, 'exercise all or any of the powers. or to perform or discharge all or any ot: the dutiesor functions. of a Collector under this Act ;,12[(2)"Commissioner" means the Commissionerof Prohibition and Excise appointedunder the Bombay Prohibition Act. 1949. and includes any officer on whom the StateGovernment may confer all or any of the powers. duties and functions of theCommissioner under this Act; ](3) "Duly empowered" means duly empowered by the 13[l4[State.]Government] bya general or special order;t,Short tide '"[andextent.]I For Statement 'of Objects and Reasons, see Bombay;Govemlllellt Gazette, 1936, Part V, pp. 179,181 and for Proceedings in Council, see Bombay Legislative Counc.il'Debates, 1936, Vol. XLv.t This Act ha~ been repealed and. re~enacted and the Amendments made by Section 9 andSchedule E of the said Act were continued in force by Born. 52 of 1947, s. 2.2 These words were substituted for the words, "to provide for the control of the practice ofopium smoking" by Born. XIX of 1959, s. 3. '3 These words were substituted for the words "Presidency of Bombay", {bid,4 These words were substituted for the words, "To control the practice of apium smoking",ibid., s, 4. ' , .5 These words were substituted for the words, "Presidency of Bombay", ibid. ,6 ,The portion beginning with the words "And whereas the previous sanction" ana eri~ing withthe words "to the passing of this Act" was deleted, ibid,7 This sub-section was substituted, ibid., s, 5. '>" '.,"~' ":~,8 These words were substituted for the words "State of 'Bombay" by the Maharashtra Adantation°of Laws (State and Concurrent Subjects) Order, 1960. " ", ..' "9 This sub-section was deleted, Born, XIX of 1959, s. 5,10 These words were substituted for the words, "extent and commenceme,nt",ibtd)II Clauses (/) and (2) were substituted, ibid., section 6. '" ~' ,,:"->, ,"; , ,12 Clause (2) was substituted by Mim. 52 of 1973, s, 3, Schedule. . r,.",. '0. "13 The 'words "P.rovincial Government" were substituted for the words "Loca~ Govt!f!\ln.en,f', !>y" 'the Adaptation of Indian Laws Order in C.ouncil. ' , ,""'k ,* This indicates the' date of commencement of the Act. ,-,. .; ,',14 This word was substituted for the word "Provincial" by the Adaption of Laws Order: 19~O.'", ~,'I,JS (1) 484.1-«.../ .

'2026 Bombay Opium Stizoking Act, 1936 [1936: Bom. XX, ,.(4) "Instrument of smoking" means any article used for the purpose of smokingopIUm;.,1[(5) "opium" means-. " .(a) the capsules of the poppy (Papaver Somniferum L) whether in their originalform or cut, crushed or powclered, and whether or not the juice has been extractedtherefrom; , . ' ' .(b) the spontaneously coagulated juice of such capsules which has not beensubmittc:jd to tiny manipulations other than those necessary for packing andtransport; and. " " ', (c}any, 'rihxture, witbor without neutral materials, of any of the above forms ofopium; .and includes prepared opium; but does not.include any preparation (other than prepared, opium)

I.Replacement Series No. XXII-po 3S1936: Born. XX] Bombay Opium Smoking Act, /936CHAPTERn2027([PROHIBITIONS]2[3. Subject to the provisions of this section, no person shall-(a) smoke opium, or(b) possess, for the purpose ()fsmoking . opium, any instrument of smoking, . or .(c) keep any appa~atus or instru~ent for the purpose of preparing opium for smoking:Provided that the aforesaid provisions shall not apply to a person who before theBom.XIXcommencement of the Bombay Opium Smo,king (Extension and 1\!:nendment) Act. 1959, wasof 1959.duly permitted to possess opium (other thah prepared opium) for the purpose of smoking byor under the provisions of any law in force in any part of the 3[State of Bombay J so long assuch permission ha~not expired, is not withdrawn or is otherwise inforce.} .4. An assembly of two or more persons is designated an opium smoking assembly,when the common object of the persons composing that assembly is to smoke opium or toprepareopiumforsmokingpurposes. .Explanation J.-An--as..;.:;mblywhi

2028 Bombay Opium Smoking Act, 1936 [1936: Born. XXflPenalty for'beingmember ofopium: smokingassembly.Penalty foropening,keeping orhavingcharge ofplace ofassembly.Penaltywhen owner-'[occupier.etc.] fails togive noticeof use ofplace forsuchassembly.Penalty.forattempt orabetment.7. Whoever isa member of an opium smoking assembly shall, on conviction, beI[punished} with imprisonment of either description for a term which may extend toZ[threemonths] or with fine which may extend to 3[Rs.500], or with both.4[8.(1) Any person who-(a) opens, keep~or uses any place for the purpose of an opium smoking assemblyor in any way assists in conducting the business of any place used or kept for thepurpose aforesaid, or .(b) being the owner, occupier or having th~ use or care or management or controlof-any place knowingly permits it to be opened, kept or used for the purpose of an. opium smoking assembly, .5[shall,on conviction, be punished-(i) for a first offence, with imprisonment for a term which may extend to one yearand with fine which may extend to one thousand rupees;(it) fot a second and subsequent offence, with imprisonment for a term which mayextend to two years and with fine which may extend to two thou.sandrupees:Provided that, in rfle absence of special and adequate reasons to the contrary,which reasons shall be mentioned in the judgment of the Court, such punishment,-(a) for the first offence, shall not be less than imprisonment f~r six months and fineof five hundred rupees;' .(b) for a second offence, shall not be less than imprisonment for nine months andfine of one thousand rupees;(c) for a third and subsequent offence, shall not be less than imprisonment for oneyear and fine of one thousand rupees.](2) It shall be presumed, until the contrary, is proved, that a person accused of an offenceunder clause (b) of sub~section(/) has committed such offence if the offence committed bythe person opening, keeping or using the place referred to in the said clause (b) is proved tohave been commttted in the place in the immediate possession of such accused person.]9. Whoever being the 6[owneror occupier or having the use or care or managementor control of any place] and knowing or having reason to believe that such place,whether in his actual occupation or otherwise, is being or is about to be used for thepurpose of an opium smoking assembly, rails, either himself or through his agent orservant, to give the earliest possible notice of such knowledge or belief to the Collectoror the officer in charge of the nearest police station or to an officer empowered underthis Act to investigate offences punishable under this Act,shall, on conviction, bepunishable with fine whicHmay extend to Rs. 500.8[9A. Whoever attempts to commit or abets the commission of an offence underthis Act shall, on conviction, be punished for such attempt or abetment with the samepunishment as is provided for the principal offence].I This word was substituted for the word "punishable" by Born. 19 of 1959, s. 12.2 These words were substituted for the words "one month" , ibid.3 These figures were substituted for the figures "100", ibid.4 This section was substituted for the original by Born. 43 of 1949, s. 2. .5 This portion was substituted for the portion beginning with the words "shall, on conviction" andending with words "or with both" by Born. 19 of 1959, s. 13.6 These words were substituted for the words "owner of any place", ibid., s. 14.7 These words were inserted, ibid.8 This section was inserted. ibid.. s. 15.

"V of 1898.V of 1898.Replacement Series No. XXII-po 361936: Born.XX] Bombay Opium Smoking Act, 1936 202910. Whoever,havingbeen convicted'of an offence l[undersection 6A,7, 8or 9 isagain convicted of an offence under section 6A, 7 or 9] shall, on conviction, be liablefor any such subsequent offence to an enhanced punishment not exceeding doublethe punishment which might be imposed on a first conviction for such offence.11. 2[(1)Whenever any person is convicted of an offence punishable under thisAct, the court convicting such person, may, at the time of passing sentence on suchperson, order him to execute a bond for a sum proportionate to his means, with orwithout sureties, for abstaining from the commission of offences punishable under theprovisions of this Act during such period, not exceeding three years, as it may direct.(2) The bond shall be in such form as may be provided under the provisions of the*Code of Criminal Procedure,1898 and the provisions of the said Code shall, in so faras they are applicable apply to all matters connected with such bond. as if it were abond to keep the peace ordered to be executed under section 106 of the said Code.](3) If the conviction i~ set aside on appeal or otherwise, the bond so executedshall become void. .(4) An order under this section may also be made by an appellate court or by theHigh Court whe" exercising its power of revision.CHAPTERIVPROCEDURE12. 3[(./)] The 4[Commissioner], Collector or '[any officer duly empowered] or aMagistrate authorised under section 24 to take cognizance of offences under this Actmay issue a warrant 'for the. arrest of any person whom he has reason to believe, tohave committed an offence under this Act, or for the search, whether by day or bynight, of any place in which he has reason to believe that an offence under this Acthas been, or is being or is likely to be committed, or in which opium, an instrument ofsmoking or an apparatus used in the preparation of opium is kept or concealed.6[(2)All warrants issued under sub-section (1), shall be executed in accordance with theprovisions of the *Code of Criminal Procedure 1898,by a Police Officer or an officer of theProhibitionand ExciseDepartmentduly empowered in this behalf, or if theofficerissuingthewarrantdeems fit, by any other person. .13. The 4[Commissioner], CoIlector or any officer duly empowered, who has reason tobelieve that an offence under Chapter III has been, or is being or is likely to be, committed inany place, may-(a) enter such place 7[at any time] by day or by night with any person whoseassistance he may consider necessary,8[(aa) in case of resistance, break open any lock or any door and remove any obstacleto his entry into any such place.]I These words were substituted for the words and figures "under section 7, section 8 or. section 9, isagain convicted of an offence under any of the said sections" by Born. 19 of 1959, s. 16. .2 Sub-sections (I) and (2) were substituted, ibid. s. 17.3 Section 12 was renumbered as sub-section (I) of that section [and in the said section so renumberedthe word "Director" was substituted for the word "Commissioner",] ibid. s. 18, (a)4 This word was substituted for the word "Director" by Mah. 52 of 1973, s. 18.5 These words were substitutt

2030 Bombay Opium Smoking Act. 1936 [1936: Born. XXPower ofseizure andarrest inopenplaces.Arrest ofoffendersand seizure3fcontrabandarticles.(b) search any such place in which he has reason to believe that any opium, or instrumentof smoking, or any apparatus used in.the preparation of opium is kept or concealed,(c) detain and search, and, if be tbinks proper, arrest any person found in sucb placeor whom he has reas,on to believe to have committed an Qffence punishable underChapter III, an.d. (d) seiz.eall opium and instru!TIentsof s~oking and any apparatus used in the preparationof opium which may be found in such place or on or about such person l[and alsoany document Qrother article which he has reason to believe may furnish evidence ofthe commissionof an offence under this Act]2[13A. The 3[Commissioner] Collector or any officer duly empowered in thisbehalf may- .(a) seize in any open place, or in transit, any opium, or instrument of smoking, or anyapparatus used in the I"reparation of opium for smoking purposes, which he has reasonto believe to be liable to confisc-aticn under, this Act and also any document or otherarticle which he has reason to believe may furnish evidence of the commission of anoffence under this Act;(b) detain and search any person whom he has reason to believe to have committedan offence punishable. under t~is Act, and if such person has.;n his possession anyopium or instrument of smoking or any apparatus used in the preparation of opium forsmoki.ngpurposes, arrest him.,.138. (1) Any officer duly empowered in this behalf may-(a) arrest without a warra.nt any per!,on whom he has reason to believe to beguilty of an offence under this Act;(b) seize and detain any opium; or instrument of smoking, or any apparatus used inthe preparation of opium for smoking purposes which he has reason to believe to beliable to confiscation under this Act and seizJ any document or other articles whichhe has reason to believe may furnish evidence of the commission of an offence under'this Act relating to such opium, instrument or apparatus. . .(2) Any Officer who arrests any person under the provisions of this Act or sizes anddetains any articleor seizesany document or other article shall forward such personor articleor document, as the case may be, without unnecessary delay to an officerempowered under.sub-section (1) of sectio~ 18,or to the officer In charge.oLthe nearest police station].Arrest of14. The 3[Commissioner], Collector or any officer duly empowered may arrest,personsobstructing without an order from a magistrate and without warrant, any perso.n who obstructs himofficers in in the execution of his duty under this Act, or who has escaped or attempts to escapeexecutionof dutiesfrom custody in which he has been or is lawfully' detained under this Actunder theAct: 15. 4[Mode of making searches and arrests] Deleted blEom. 190f 1959, s. 22.I Th.ese words were added by Bom. 19 of 1959, s. 19 (d).2 Sections 13'A and 13B were inserted, ibid., s. 20.3 This word was substituted for thc word "Director" by Mah. 52 of 1973, s. 3, Sel1.4 Section 15 was deleted, ibid., s. 22.

"t Series No. XXII-po 37~Bom. XX] Bombay Opium Smoking Act. /936ro16.. ![(I) Every person arrested and all articles seized under a warrant issued under'SeCtion12 shall be forwarded without delay to the authority by which the warrant was~1>sued; and every person arrested and thing seized under section 13or 13A shall be sentwithoutdelay to the officer empowered under section 18or to theofficer in charge of thenearest police station and a full report of all the particulars of such arrest or seizure madeby the pc(.Sonmaking the arrest or seizure to his immediate official superior.j .(2) The authority or officer to whom any person of article is forwarded under thissection shall, with all convenient despatch, take such measures a.i may be necessaryfor the disposal, according to law, of such person or article.17. (1) When any person who, 2[inthe presence of the 3[Commissioner) Collector orany office! not below !>uchrank) (15the 4[.I[StatelGovernment] may, by general or specialorder, specify in this behalf, has committed or has been accused of committing al)offencelimIerthis Act. refuses on demand of such officer to give his name and residence, or givesa name or residence which such officer has reason to believe to be false, he may bearrested by such officer in order that his name and residence may be ascertained. . .(2) When the 6[true name] and residence of such persor. have been ascertained, heshaH be released on his executing a bond, with or without sureties, to appear before amagistrate, if so required :Provided that if such person is not resident in 7*lndia the bond shall be securedby a surely or sureties residing in 7*lndia.(3) Should the 6[truename] and residence of such person not be ascertained within 24hours from the time of arrest, and should he fail to execute the bond, or if he is' sore,;tmerJ to furnish sufficient sureties, he shall be forthwith forwarded to the llearestmagistrate havingjurisdiction.8[18.(I) The 3{Commissioner], Collector and any officer duly empowered in thisbehalf shall, within the area forwhich they are appointed, have power to investigateall offences punishable under this Act.(2) Any officer empowered under sub-section (I) shall in the conduct of suchv of 1898.Investigation exercise the powers conferred by the*Code of Criminal Procedure, 1898,upon an officer in charge of a police station for the investigation of cognizable offences.(3) Any officer to whom such officer is subordinate may, during the course of theinvestigation, take over the investigation himself or direct any other officer dulyempowered to conduct the same. The officer in conducting the investigation shall2031have the same powers under sub-sections (I) and (2) as if h~ were the officerappointed/or the area or for the purpose of investigating the sai? offence.I Sub-section (1) was substituted, by Bom. 19 of 1959. s. 23..2 These words were substituted for the words' "in the presence of any officer of ~uch rank"ibid.. s, 24(a).3 This word was substituted for the word" Director" by Mah. 52 of 1973. s, 3. Sch.4 The words "Provincial Government" were substituted for the. words "Local Government" bythe Adaptation of Laws Order in .council.'5 This was substituted for the word "Provincial" by thc adaptation of Laws Ordcr. 195O,6 Thesc words were substituted for the words "Corrcct namc" by Bol11. 19 of 1959.s. 24 (b).7 Thc word "British" was omitted by the Adaptation of Laws Ordcr. 1950.S Scctions 18 and 19 were substituted by Bom. 19 .of 1959, s. 25.* For Code of Criminal Procedure. 1898 now read Cr. p, C. 1973 ( 2 of 1974),Disposal ofpcrsons arrestedand of articlesseized.Refusal to givename andresidence.Certain officersempowered to.investigateoffences underAct.S (J) 484-2.

,"ICertainoffencesunder Actto benonbailableand others. to bebailable.Articlesseizedduringinvestigation.Officers andpersonsrequired toassist indetection ofoffencesunder theAd.2032 Bombay Opium Smoking Act, /936 [1936: Born. XX(4) 'If the officer conducting the investigation is of opinion that there is nosufficient evidence or rea~onable ground Ofsuspicion to justify the forwarding of theaccused to a Magistrate or that the person arrested may be discharged with a warning,such officer shall re~ease him on his executing a bond, with 'or without sureties, to. appear, if and when so required. before a Magistrate empowered to take cognizance ofthe offence and shall make a full report of the case to his official suPerior and beguided by the order which he shall receive on such report.(5) The powers of an officer empowered under this section shall be subject tosuch other modifications or restrictions as the State Government may deem fit.19. (1) Ail offences punishable under this Act other than an offence punishableunder section 8 shall be bailable.. (2) Offences under section 8 shall be non-bailable. -(3) Any officer authorised .:nder section 18 to investigate an offencepunishable under this Act shall have power to gr:lnt bail in accordance with theprovis;ons of *the Code of Criminal Procedure, 1898. to any person arrested without v of 1898.warrant for an offence punishable under this Act. I, .(4) When any person has been arrested under -section 14 any officer'empowered to investigate offences under this Act shall have power to grant bail in v of 1898.accordance, with the provisions of the *Code of Criminal Procedure, 1898.]. 20. When anything has been seized by any officer exercising powers undersection 18, I[or has been sent to him in accordance with the provisions of this Act]such officer after such inquiry as may be necessary-(a) if it appears that such thing is required as evidence in the case of any personarrested, shall forward the thing to the magistrate to whom. such person is forwardedor before whom bail has been taken for his appearance;Act, 1933,Ofunder any other law in force in the3[State of Maharashtra] relating to village Born,VI of 193(b) if it appears that such thing is liable to confiscation, but is not required asevidence as aforesaid, shall send the thing with a report of the particulars of theseizure to his superior officer, if any; . ,(c) if no offence appears to have been committed, shall return the thing to theperson from whose possession ir was taken and shall report to his s-uperiorofficer, if any, accordingly. -21. 2[Everyvillage officer or servant useful to Government and evet'y officer of anyDepartment of the State Government and any officer or servant of the local authority andthe Sarpanch of a village panchayat constituted under the +[Bombay Village Panchayatspanchayats and every officer of the Departments of Central Excise and Customs with theconsent ofthe Central Government and such other Department of the Central Govefumentas the State Government with the like consent notifies in the Official Gazette] and allpersons in the employment of the Bombay Port Trust shall be Bound-(a) to give immediate information to any o(the officers mentioned in section 12 orsection 13 or section 18 of the commission of any offence and of the intention orpreparation to commit any offence under this Act which may come to their knowledge;I These words were inserted by 80m. 19 of 1959, -so 26.2 This portion was substituted for the portion beginning with the words "All village officers" and endingwith the words "Salt Revenue",. ibid.. s. 27. -3 These words were substituted for the words "State of Bombay" by the Mabarashtra Adaptation ofLaws (State and Concurrent Subjects) Order. '1960. - .* Now read Code of Criminal Procedure. 1973 ( 2 of 1974).+ Now read the Bombay Village Panchayals 'Act. 1958 (3 of 1954 ).,I,I1

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, '2032B Bombay Opium Smoking Act, 1936 .[1936: Born. XXProvisionsof CriminalProcedurecOliC withrespect tocognizableoffences toapply tooffencesunder Act.2SD. In the absence of a:nyprovision to the contrary in this Act, the provisionsof *the Code of Criminal Procedure 1898, with respect to cognizable offences shallapply to offences under this Act].V of 1898.'Thingsliable toconfiscation,1[26.' (I) Whenever any offence punishable under this Act has been committed,my opium, instrument of smoking or apparatus used in the preparation of opium forsmoking purposes,~ ,(i) foundin any place or with the persons formingan opium smokingassembly;or(ii) in respect of which the offence has been committed or which has beenused in the commission of the offence. shall be liable to 'confiscation.(2) Any receptacle, package or covering in which any of the articles liable to, confiscation under sub-section (1) is found and the other contents of such r~ertacle,package or covering and the animals, carts,.vessels or other.conveyances used in carryingany such articles shall likewise be liable to confiscation by the'order of the Court].Procedure 27.. (1) In t6e trial of Offences under this Act, whether the accused is convictedin making or acquitted, the court shall decide whether 'any,article seized under this Act is liableconfiscation.liable, it may order its confiscation accordingly. . 'to confiscation under the preceding section, and if it decides that the aride is so(2) When any article seized under this Act appears liable to confiscation under thepreceding section but the person who committed the offence in conpection therewith isnot known or cannot be found, the Collector or other officer duly ~mpowered in this behalfmay inquir~into and decide such liability and may orderconfiscation accordingly;Providedthat no order of confiscation of an article shall be made until the expiry ofone month from the date of seizure or without hearing any person who may claim anyright thereto and the evidence, if any, which he produces in support of his claim:, ,Provided further that if any such article, other than opium, is liable to speedy andnatural decay, or if the Coli~torcOr ~ uf!lceris of-opinion that its sale would be for.the benefit of its owner, he may at any time direct it to be sold and the provisions of thissub-section shall, as nearly as may be practicable, apply to the net proceeds of the sale.(3) Any person not convicted who claims any right to property which has beenconfiscated under this section may appeal to the Court of Session against theorder of confiscation./ 2[27A.The Court trying any case for an offence under this Act may direct .anyportion, not exceeding one-fourth, of any fine which may be levied thereunder to 'Paymentr:: be sent, in Greater Bombay to the Commissioner of Police, and elsewhere to thefro:~~ne. District Superintendent of Police, (or distribution as reward in such manner as hemay think proper, among the persons, not being Police Officers, who may havegiven assistance in the detection or investigation of the offence.]I This section was substituted for'the original by Born. 190f 1959, s,' 30,2 This section was inserted. ibid,. s. 31. .' .* Now read the Code of Criminal Procedure, 1973 (2 of 1974).'\

Replacement Series No. XXII-"-p. 391936: Born. XX] Bombay Opium Smoking Act, 1936CHAPTERV2032CV of 1898.MISCELLANEOUS280. The powers conferred on the I[Commissioner] or ColJector under this Act Delegationof.may, subject to the general or special orders of 2[the 3[State] Government], be powers.delegated by the l[Commissioner] or Collector, as the case may be, in whole or inpan, to any subordinate officer.29, (1) The 4[ 3[ State] Government] may make rules for the purpose of carrying Power to makeinto effect the provisions of this Act. rules.(2) In particular and without prejudice to the generality of the foregoingprovisions, such rules may be made for all or any of the following purposes :-(0) regulating the disposal of things confiscated,(b) 5( * *. *.

2032D .Bombay Opium Smoking Act, 1936[1936: Born. XXOfficers and 32. All officers and persons empowered toexerci"e any powers or to perform orperso!ls'discharge any duties or functions under this Act shall be deemed to be publicactingunderservants within the meaning of section 21 of the Indian Penal Code.Act to be. publicservants.XLV of 1860.IRepeals andsavings.. 33. On and fro)11the commencement of this Act in that part of the State of Bombayto which it is extended by the Bombay Opium Smoking (Extension and Amendment) Act,1959, the Central Provinces and Berar Opium Smoking Act, i929 and the UnitedProvinces Opium Smoking Act, 1934 as extended to the Kutch area of the IrState ofBonibay] shall stand repealed: .Provided that such repeal shall not affect-(a) the previous operation of any law so repealed, or anything duly. done orsuffered thereunder, . .'(b) any right, privilege, obligation or liability already acquired, accrued orincurred ul1der any law so repealed. . . .(c) any penafty, forfeiture or punishment incurred in respect of any offencecommitted against any law so repealed. or(d) any investigation, legal proceeding or remedy in respect of any such rig~t,privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid,'an.d any such investigation, legal proceeding or remedy may be instituted,continued or enforced, and any such penalty, forfeiture 'or punishment may beimposed as if the Bombay Opium Smoking (Extension and Amendment) Act. 1959,had not. been passed:Provided further that, but subject to the preceding proviso, anything done or anyactIOn taken (including any appointment, notification, order or rule made or issU(~dor reg~ster prepared) under any law so repealed shall, in so far as it is notinconsistent with the provisions of this Act, be deemed to have been done. taken,made, issued or prepared under the provisions of this Act unless and until .it issuperseded by anything done or acti,on taken under this Act.]SCBEDULE2[Deleted]Born. 19 of' I 959.!CP. and Berar IVIof 1929. U.P. IIIof 1934.Born. 19 of 1959\I These words shall stan61 unmodified by the Maharashtra Adaptation of Laws (State andConcurrent Subjects) Order, 1960.2 The Schedule was deleted by Born. 19 of 1959. s. 35.