Section 35 in The Jammu and Kashmir Excise Act, 1958 (1901 A. D.)
35. Land-holders and others to give information.
- All Zamindars, proprietors, tenants, under-tenants and cultivators who own or hold land on which there shall be manufacture of liquor, growth of the poppy or hemp plant or manufacture of intoxicating drugs not licensed under this Actor in accordance with its conditions shall in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to an [Excise and Taxation Officer] [Substituted by Act VIII of 1956 for 'Customs and Excise Officer'.] immediately the same shall have come to their knowledge.[35A. Power to seize, destroy etc. poppy and hemp plant. - (1) Where any Excise and Taxation Officer has reason to believe that poppy or hemp plant is unlawfully grown or cultivated, he or any other officer authorised by the Government in this behalf, shall seize, confiscate and destroy such plant in the presence of a [Judicial Magistrate or an Executive Magistrate] [Section 35-A inserted by Act XXIV of 1976, Section 2.].(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.]
