Districts Prone to Illicit Poppy Cultivation in West Bengal

1. Bankura 2. Murshidabd 3. Nadia

Major areas in the disctricts 1. Bankura Borjara, Patrosar, Pratapur, Salgora, Beliator etc. 2. Murshidabad Chandipur, Charpakia, Chuanpur, Tiktikipara, Laskarpur etc. 3. Nadia Plassey, Borochandghar, Kulgachi, Potarpara, Boronalda etc.

Illicit Cultivation - (In West Bengal) Poppy Plant Ganja

LEGAL PROVISIONS UNDER THE N.D.P.S. ACT, 1985 (As amended)

The N. D. P. S. Act, 1985 Section 8: Prohibition of Certain operations- Section: 8 (b) – No person shall Cultivate the opium poppy or any cannabis plant ;

The N. D. P. S. Act, 1985 Section: 18 – Punishment for contravention in relation to opium poppy and opium Whoever Cultivates the opium poppy shall be punishable according to Small, Medium, Commercial quantity.

Section : 46 “Duty of land holder to give information of illegal cultivation”- Every holder of land shall give immediate information to any officer of the Police or of any of the departments mentioned in section – 42 of all the opium poppy, cannabis plant or coca plant; every such holder of land who knowingly neglects go give such information, shall be liable to punishment.

Duty of certain officers to give information of illegal cultivation SECTION: 47 Duty of certain officers to give information of illegal cultivation every officer of the government and every panch, sarpanch and other village officer of whatever description shall give immediate information to any officer of the Police or of any of the departments mentioned in section 42; every such officer of the Government, panch, sarpanch and other village officer who neglects do give such information, shall be liable to punishment.

AWARENESS PROGRAMME

Distribution of Hand Bills / Leaflets among the villagers containing the penal provisions in vernacular before the seed sowing season; Publication of Notice in the esteemed daily newspapers, announcement in local radio network; Organizing of awareness seminar at village levels by respective Panchayat Pradhan.

INVESTIGATION OF CASES OF ILLICIT POPPY CULTIVATION.

1. Survey & detection of areas of illicit poppy cultivation Secret survey & identification of the cultivated plots; Other law & order problem may be assessed ; The photographs of the land may be obtained secretly showing the nearest identification mark, if feasible.

2. Jurisdictional Land Revenue Officer. Presence of Land Revenue Officer on the day of destruction; (ii) Certificate of the Land Revenue Officer regarding the ownership of the cultivated land to be obtained; (iii) The details of the cultivated land to be mentioned in the Destruction Order / Destruction Certificate separately.

3. A guideline for destruction operation Order of destruction may be obtained from the respective authority under section: 48; Destruction Certificate may be prepared in detail e.g. Khatian / Mouza No. etc.; Prima facie test to be conducted & drawal of sample of plant species;- 100 gms. in duplicate Procedure carried in presence of two independent witnesses;

Samples to be forwarded to Chemical Laboratory within 72 hours; Interrogation of the land owner / cultivator shall be made immediately after the destruction; The respective Ld. Court shall be informed about the destruction operation & offence committed by the land owner / cultivator on the next day;

Signature of Gazetted Officer. ORDER FOR ATTACHMENT AND DESTRUCTION UNDER SECTION – 48 OF THE NDPS ACT, 1985 (AS AMENDED) I Shri ……………………………. Have reason to believe that opium poppy plants have been illegally cultivated on the land i.e. Plot / Dag No. ………….., Khatian No. …………., Mouza No. ……………. ………., Village: …………., P. S. …………………….., District …………………….., West Bengal measuring …………. Kottah / bighas / acres of land, owner of the land. Sri ……………………………………… S/o, …………………………………… R/o …………………. Village: …………………, P.S. ………………….., District ……………….., W.B. and therefore, I do hereby attach the aforesaid illegal opium poppy plants, as the same is prohibited under Section: 8 of the NDPS Act, 1985 (as amended) and punishable under Section: 18 of the above said Act. AND, I do hereby order to destroy the aforesaid illegally cultivated opium poppy plants under Section: 48 of the NDPS Act, 1985 (as amended). Signature of Gazetted Officer.

CERTIRFICATE OF DESTRUCTION In pursuance of destruction order dated: ……………….. issued by Shri …………………. Under Section: 48 of the NDPS Act, 1985 (as amended), the opium poppy plants illegally cultivated on the land bearing Dag No. …………., Khatian No. ………., Mouza No. …………………., P. S. ………………., District: ………………….., West Bengal, owner of the land Shri …………………………, S/o………………………… R/o……………………….., Village: …………………………, P.S………………………, District: ………………………., West Bengal have been destroyed by raising it to the ground and setting it to fire in presence of witnesses. SIGNATURE OFFICER EXECUTING THE ORDER

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