Section 3 in The State Newspapers (Incitements to Offence) Act, Samvat 1971
3. Powers to forfeit printing presses in certain cases.
(1)In cases where, upon application made by order of or under authority from [the Government] [Substituted by Act X of 1996 for 'His Highness Maharaja Sahib Bahadur'.], a Magistrate is of opinion that a newspaper printed and published within the Province contains any incitement to murder or to any offence under the Explosive Substances Act, 1908 (VI of 1908,) or to any Act of violence, such Magistrate may make a conditional order declaring the Printing Press used, or intended to be used, for the purpose of printing or publishing such newspaper, or found in or upon the premises where such newspaper is, or at the time of the printing of the matter complained of was, printed and all copies of such newspaper wherever found, to be forfeited to the Government and shall in such order state the material facts and call on all persons concerned to appear before him, at a time and place to be fixed by the order, to show cause why the order should not be made absolute.(2)A copy of such order shall be fixed on some conspicuous part of the promises specified in the declaration made in respect of such newspaper under section 5 of the Jammu and Kashmir State Press and Publications Act, 1989, or any other premises in which such newspaper in printed and the affixing of such copy shall be deemed to be due service of the said order on all persons concerned.(3)In case of emergency or in case where the purposes of the application might be defeated by delay, the Magistrate may, on or after the making of a conditional order under sub-section (1) make a further order ex parte for the attachment of the printing press or other property referred to in the conditional order.(4)In any person concerned appears and shows cause against the conditional order, the Magistrate shall take evidence, whether in support of or in opposition to such order in manner provided in section 356 of the Code of Criminal Procedure, Samvat 1989.(5)He shall make the conditional order forfeiture absolute in respect of such property as he may find to be within the terms of the said sub-section.(6)If the Magistrate is not so satisfied, he shall set aside the conditional order of the forfeiture and the order of attachment, if any.
