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State of Assam - Section

Section 49 in Assam Opium Rules

49. Possession of medicinal drugs by any person.

(1)Any person may posses medicinal drugs of any kind amounting in the aggregate to three tolas in the Naga Hills and the administered areas of the Mylliem State in Shillong and two and half tolas in the North Cachar Hills sub-division in the district of Cachar, the Lakhimpur Frontier Tract, the Sadiya Frontier Tract, the Balipara Frontier Tract and the Tirap Frontier Tract-
(i)if manufactured by himself for private consumption under the conditions of Rule 48 (2);
(ii)if bought by retail from a licensed druggist for bona fide medicinal purposes;
(iii)if obtained for bona fide medicinal purposes from his medical attendant ; Provided that the latter is either a qualified medical practitioner or a permit-holder ;
(iv)if he has imported them in accordance with the provisions of Rule 54 below :
Provided that any person may possess medicinal drugs obtained for bona fide medicinal purposes on a prescription of a qualified medical practitioner up to the quantity specified in such prescription.
(2)By licensed druggist. - Subject to the conditions of his licence, a licensed druggist may possess medicinal drugs (not exceeding one seer of any kind or kinds), and poppy-heads (not exceeding ten seers) ; provided that he has manufactured the former from excise opium of which he is permitted by these rules to be in possession or has purchased them from a licensed druggist or under Rule 59 from a person who has been a licensed druggist or a permit-holder, or has imported them under Rule 51 or 54.
(3)By qualified medical practitioner or permit-holder. - A qualified medical practitioner or, subject to the conditions of his permit, a permit-holder, may possess medicinal drugs to the extent of 10 tolas of any kind or kinds or such large quantity as the Commissioner may allow in the case of a medical officer-in-charge of a hospital or charitable dispensary not under Government supervision ; provided that he has manufactured the same from excise opium of which he is permitted by these rules to be in possession or has purchased them from a licensed druggist or where there is no licensed druggist from a licensed vendor specially authorised by the Deputy Commissioner or has imported them under Rule 54 : and provided further that the Deputy Commissioner may fix the limit to be possessed in any one year to meet the lawful requirements of the practitioner or permit-holder.
(4)On expiration of licence or permit. - Any person who has been a licensed druggist or a permit-holder may for a period of four days from the date of expiration of his licence or permit, and with the sanction of the Deputy Commissioner, possess any quantity of medicinal drugs or poppy-heads of which at the time of the expiration of his licence or permit he is in lawful possession in accordance with the conditions of such licence or permit and the provisions of these rules.