Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974

[Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board.

9. (1) Notwithstanding anything contained in this Act, any person (including a foreigner) in respect of whom an order of detention is made under this Act at any time before the [31st day of July, 1999], may be detained without obtaining, in accordance with the provisions of sub-clause (a) of clause (4) of article 22 of the Constitution, the opinion of an Advisory Board for a period longer than three months but not exceeding six months from the date of his detention, where the order of detention has been made against such person with a view to preventing him from smuggling goods or abetting the smuggling of goods or engaging in trans-porting or concealing or keeping smuggled goods and the Central Government or any officer of the Central Government, not below the rank of an Additional Secretary to that Government, specially empowered for the purposes of this section by that Government, is satisfied that such person-

(a) smuggles or is likely to smuggle goods into, out of or through any area highly vulnerable to smuggling; or

(b) abets or is likely to abet the smuggling of goods into, out of or through any area highly vulnerable to smuggling; or

(c) engages or is likely to engage in transporting or concealing or keeping smuggled goods in any area highly vulnera-ble to smuggling,

and makes a declaration to that effect within five weeks of the detention of such person.

Explanation 1 : In this sub-section, "area highly vulnerable to smuggling" means-

(i) the Indian customs waters contiguous to [the States of Goa, Gujarat, Karnataka, Kerala, Maharashtra and Tamil Nadu and the Union territories of Daman and Diu and Pondicherry;]

(ii) the inla .... To read the full section download the app from Google Play store