Section 8 in The Jammu and Kashmir Public Safety Act, 1978
8. Detention of certain persons.
(1)The Government may-(a)if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to-(i)the security of the State or the maintenance of the public order; or(ii)[ Omitted] [Omitted by Act XII of 1988, section 2.].[(a-1)] [Clause (a-1) inserted by Act IV of 1985, section 2.] if satisfied with respect to any person that with a view to preventing him from-(i)smuggling [timber, or liquor] [Substituted by Act VIII of 2001, (section 2).]; or(ii)abetting the smuggling of [timber, or liquor] [Substituted by Act VIII of 2001, (section 2).] or(iii)engaging in transporting or concealing or keeping smuggled timber, or(iv)dealing the smuggled timber otherwise than by engaging in transporting or concealing or keeping in smuggled [timber, or liquor] [Substituted by Act VIII of 2001, (section 2).]; or(v)harbouring persons engaged in smuggling of timber or abetting the smuggling of [timber, or liquor] [Substituted by Act VIII of 2001, (section 2).]; or(b)if satisfied with respect of such person who is-(i)a foreigner within the meaning of the foreigners Act,(ii)a person residing in the area of the State under the occupation of Pakistan.that with a view to regulating his continued presence in the State or with a view to making arrangements for his expulsion from the State, it is necessary so to do, make an order directing that such person be detained.(2)any of the following officers, namely(i)Divisional Commissioners,(ii)District Magistrate, may, if satisfied as provided in sub-clause (i) and (ii) of clause [(a) or (a-1)] [Inserted by Act IV of 1985, section 2.] of sub-section (1), exercise the powers conferred by the said sub-sections.(3)For the purposes of sub-section (1),(a)[ Omitted.] [Omitted by Act XII of 1988, section 2.](b)"acting in any manner prejudicial to the maintenance of public order" means-(i)promoting, propagating, or attempting to create, feelings of enmity or hatred or disharmony on ground of religion, race, caste, community, or region;(ii)making preparations for using, or attempting to use, or using, or instigating, inciting, provoking or otherwise, abetting the use of force where such preparation, using, attempting, instigating, inciting, provoking or abetting, disturbs or is likely to disturb public order;(iii)attempting to commit, or committing, or instigating, provoking or otherwise abetting the commission of, mischief within the meaning of section 425 of the Ranbir Penal Code where the commission of such mischief disturbs, or is likely to disturb public order;(iv)attempting to commit, or committing or instigating, inciting, provoking or otherwise abetting the commission of an offence punishable with death or imprisonment for life or imprisonment of a term extending to seven years or more, where the commission of such offence disturbs, or is likely to disturb public order;(c)[ "smuggling" in relation to timber or liquor means possessing or carrying of illicit timber or liquor and includes any act which will render the timber or liquor liable to confiscation under the Jammu and Kashmir Forest Act, Samvat, 1987 or under the Jammu and Kashmir Excise Act, 1958, as the case may be," and] [Substituted by Act VIII of 2001, section 2.](d)[ "timber" means timber of Fir, Kail, Chiror Deodar tree whether in logs or cut up in pieces but does not include firewood.] [Substituted by Act VIII of 2001, section 2.](e)[ Liquor includes all alcoholic beverages including beer.] [Added by Act VIII of 2001,(section 2.)](4)When any order is made under this section by an officer mentioned in sub-section (2) he shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the Government.
