Section 35(2) in The Jammu and Kashmir Excise Act, 1958 (1901 A. D.)
(2)Any action taken under sub-section (1) shall not protect the person, cultivating or growing poppy or hemp plant, from being prosecuted under the provisions of this Act.][36. Arrested persons to be taken before a Magistrate. - An [Excise and Taxation Officer] [Sections 36 to 46 substituted by Act IV of Svt. 2009.] arresting a person under this Act, or who has taken charge of the accused under sub-section (2) of section 30, shall without unnecessary delay and subject to the provisions hereinafter contained as to bail, take the person arrested before a [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] having jurisdiction to try the case.]
