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Section 8: Officers authoriscd to seize sapphire or ruby or detain search or arrest suspected person when offence committed.

The Sapphire Act, 1989 (1932 A. D.)Union territory Act of Jammu and Kashmir · Act 16 of 1989

When there is reason to believe that an offence under this Act has been committed, any Mineral Survey Officer or any Forest Officer above the rank of Ranger or any Police Officer not below the rank of Sub-Inspector or any Officer of the Revenue Department not below the rank of Naib-Tehsildar, or any other officer specially authorised by [the Government] in this behalf may without an order from a Magistrate and without a warrant—

(a) seize any sapphire or ruby with respect to which offence under this Act is alleged to have been committed, together with all weapons, materials, tools, boats, carts and cattle believed or alleged to have been used in committing such offence ;

(b) detain, search or arrest any person against whom a reasonable suspicion exists of his being concerned in any offence under this Act :

Provided that every officer making any arrest under this section shall without any unnecessary delay, take or send the person arrested to the nearest Magistrate [x x x x] or to the officer in charge of the nearest police station ;

(c) detain and search in any open place any cart, car, pack-animal or other conveyance which he has reason to believe to be used for carrying sapphire or ruby in respect of which an offence under this Act has been committed ; and

(d) under a warrant issued by a Magistrate to him by name or by virtue of his office enter and search any building, vessel or place in which he has reason to believe sapphire or ruby to be unlawfully kept or concealed and, in case of resistance, to break open any door or remove any obstacle to such entry.

Where this provision sits

ActThe Sapphire Act, 1989 (1932 A. D.)
Section8
Marginal noteOfficers authoriscd to seize sapphire or ruby or detain search or arrest suspected person when offence committed.
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.

  • other. . See footnote under section 2.
  • omitted, Act XL of 1966. . Words “having jurisdiction in the case” omitted by Act XL of 1966.

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