Section 4 in The Jammu and Kashmir Separation of Judicial and Executive Functions Act, 1966
4. Functions exercisable by Judicial and Executive Magistrates in respect of Central Laws.
- Where under any Central law which extends or which is hereafter extended to the State (hereinafter referred to as the Central laws in force in the State) the functions exercisable by a Magistrate relate to matters which involve the appreciation or sifting of evidence or the formulation of any decision which exposes any person to any punishment, or penalty, or detention in custody pending investigation, inquiry, or trial, or would have the effect of sending him for trial before any Court, such functions shall subject to the provisions of this Act and the Code of Criminal Procedure, Samvat 1989, as amended by this Act, be exerciseable by a Judicial Magistrate; and where such functions relate to matters which are administrative or executive in nature, such as the grant of a licence the suspension or cancellation of a licence, sanctioning a prosecution' or withdrawing from a prosecution; they shall, subject as aforesaid, be exerciseable by an Executive Magistrate.
