section 6
Grounds of detention severable
The Jammu and Kashmir Prevention of Illicit Traffic In Narcotic Drugs and Psychotropic Substances Act, 1988Criminal198815 sections
Statutory text
Grounds of detention severable.—Where a person has been detained in pursuance of an order of detention under sub-section
- (1) of section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly—
- (a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are—
- (i) vague;
- (ii) non-existent;
- (iii) not relevant;
- (iv) not connected or not proximately connected with such person; or
- (v) invalid for any other reason whatsoever, and it is not therefore possible to hold that the Government or officer making such order would have been satisfied as provided in sub-section
- (a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are—
- (1) of section 3 with reference to the remaining ground or grounds and made the order of detention;
- (b) the Government or officer making the order of detention shall be deemed to have made the order of detention under the said sub-section
- (1) after being satisfied as provided in that subsection with reference to the remaining ground or grounds.
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