Section 25A in The Jammu and Kashmir Customs Act, 1958 (1901 A.D.)
25A. Power to detain packages containing certain publications imported into Jammu and Kashmir State.
(1)Any Customs Officer not below the Rank of [Inspector of Customs] [Substituted by Act IX of Svt. 2008 for 'Assistant Inspector'.] [or any officer authorised by the Government in this behalf] [Inserted by Act X of Svt. 2003.] may detain any package, brought whether by land or air into the Jammu and Kashmir State which he suspects to contain-(a)any newspaper or book as defined in the Press and Publications Act No. I of 1989, or(b)any documents, containing any seditious matter of any matter which promotes or is intended to promote feelings of enmity or hatred between different classes of the [State Subject] [Now Permanent Residents.] or which is deliberately and maliciously intended to outrage the religious feelings of any such class, by insulting the religion or the religious beliefs of the class, that is to say, any matter the publication of which is punishable under sections [121 to 130, 152-A and 295-A of the Ranbir Penal Code] [Substituted by Act X of Svt 2003 for '103, 120-B & 215-A of the Ranbir Dand Bidhi'.] and shall forward such package to [such officer as the Government may appoint in this behalf] [Substituted by Act X of Svt. 2003 for 'the nearest magistrate of the first class'.].(2)Any officer detaining a package under the provisions of sub-section (1) shall, where practicable forthwith send by post to the addressee or consignee of such package a notice of the fact of such detention.(3)[The Government] [Substituted by Act X of Svt. 2003 for 'the Minister of the State empowered to act under the press and Publication Act No. I of Svt. 1989'.] shall cause the contents of such package to be examined, and [if it appears to the Government] [Substituted by Act X of Svt. 2003 for 'if appears to him'.] that the package contains any such matter as is described in sub-section (1) may pass such orders as to the disposal of the package and its contents as [they may deem] [Substituted by Act X of Svt. 2003 for 'he may deem'.] proper and if it does not so appear shall release the package and its contents unless the same be otherwise liable to seizure under any law for the time being in force;[Provided that any person interested in any package detained under the provisions of this section may, within two months from the date of such detention, apply to the Government for release of the same, and the Government shall consider such application and pass such orders thereon as they may deem proper] [Proviso substituted by Act X of Svt. 2003.]:Provided further that if such application is rejected, the applicant may within two months from the date of the order rejecting the application apply to High Court for release of the package or its contents on the grounds that the package did not contain any such newspaper, book or other document containing any such matter as is described in sub-section (1).(4)In this section "document" includes also any painting, drawing or photograph or other visible representation.
