146. In cases of illegal possession of intoxicant.
- Magistrates to ascertain whether such articles are excise or contraband.-In prosecutions in regard to illegal possession of intoxicants, prosecuting officers should urge before the Magistrate the necessity of a decision and definite finding on the point whether the articles in question are Excise or contraband, and in any case in which it is doubtful whether opium is excise opium or not, point out that the doubt can be cleared up by sending the opium or a part of it to a Chemical Examiner to Government for analysis. Superintendents of Excise are also competent and authorised to test samples of opium by a confidential method known to them and to testify whether such samples are Assam Excise or contraband opium.Note.-Assam Excise opium is given a special treatment in the opium factory and it is different from all other kinds of opium, whether Excise or contraband. It is thus evident that any opium other than Assam Excise opium is 'contraband' in Assam.
