Section 3(8) in The Jammu and Kashmir Excise Act, 1958 (1901 A. D.)
(8)[ Opium means-(i)the capsules of the poppy (Papaver somniferum L), whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom ;(ii)the spontaneously coagulated juice of such capsules which has not been submitted to any manipulations other than those necessary for packing and transport; and(iii)any mixture, with or without neutral materials, of any of the above forms of opium but does not include any preparation containing not more than 0.2% of morphine or a manufactured drug as defined in section 2 of the Dangerous Drugs Act, 1930 (Central Act 2 of 1930)].[Intoxicating Drug. - (9) "Intoxicating drug" includes [opium] [Clause (9) as amended by amending Act of 1970 substituted by Notification No. 14 published in Government Gazette dated 17th Phagan, 1983.] charas, ganja, bhang and every other preparation and mixture of the same and every intoxicating drink or substance prepared from any part of the hemp plant, from the grain or from other material, not included in the term "Liquor". [xxx] [Deleted by Act IX of 1961.][xxxx] [Second paragraph deleted by Act IX of 1961.][Clause (8) substituted by Act IX of 1961. (It was previously substituted by Notification No. 14 published in Government Gazette dated 17th Phagan 1983).]Sale or selling. - (10) "Sale or selling" includes any transfer otherwise than by way of gift.[(10-a) Liquor and intoxicating drugs other than prepared opium and dangerous drugs shall be deemed to be sold "by retail" when sold in quantities not exceeding the quantity (if any) fixed in respect of the same by rules made under this Act as the largest which may be possessed by one person, at one time, without a licence, permit or pass ; and "by wholesale" when sold in quantities larger than the above.] [Clause (10-a) inserted by Notification No. 14 published in Government Gazette dated 17th Phagan 1983.]Import. - (11) "Import" means to bring into the State, territory from [any other part of India.] [Substituted by Act XIII of 1969.]Export. - (12) "Export" means to take out of the State territory to [any other part of India.] [Substituted by Act XIII of 1969.]Transport. - (13) "Transport" means to move from one place to another within the State territory.Manufacture. - (14) "Manufacture" includes every process, whether natural or artificial by which any fermented, spirituous or intoxicating liquor, or intoxicating drug is produced or prepared, and also redistillation and every process for the rectification of liquor.Rectification. - (15) "Rectification" includes every process whereby spirits are purified or are coloured or flavoured by mixing any material therewith.
