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Section 40: Procedure where enquiry cannot be completed in 24 hours.

1the Jammu and Kashmir Excise Act, Samvat 1958 (1901 A.d.)Union territory Act of Jammu and Kashmir · Act 9 of 1901

(1)Whenever any person is arrested under this Act and detained in custody and it appears that an enquiry into the offence of which such person is accused cannot be completed within the period of twenty four hours prescribed by section 37, the [Deputy Commissioner] or the officer making the enquiry, as prescribed in subsection (2) of section 30, shall forward to the nearest Magistrate a report setting forth the circumstances in which the accused was arrested together with the information which is yet to be elicited and shall at the same time forward the accused to such Magistrate.

(2) The Magistrate to whom an accused person is forwarded under subsection (1) may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days on the whole. If he has not jurisdiction to try the case and considers further detention un-necessary he may order the accused to be forwarded to a Magistrate having such jurisdiction :

Provided that no Magistrate other than a Magistrate of the first class shall authorise detention in any custody other than a judicial lock-up.

(3) A Magistrate authorising under this section detention in any custody other than a judicial lock-up shall record his reasons for so doing.

Where this provision sits

Act1the Jammu and Kashmir Excise Act, Samvat 1958 (1901 A.d.)
Section40
Marginal noteProcedure where enquiry cannot be completed in 24 hours.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act XIV of 1966. . Substituted by Act XIV of 1966 for “Deputy Excise and Taxation Commissioner”.

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