10. Cases in which and circumstances under which persons may be detained for periods longer
than three months without obtaining the opinion of Advisory Board.—
(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 1[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 engaging in illicit traffic in narcotic drugs and psychotropic substances, 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 engages or is likely to engage in illicit traffic in narcotic drugs and psychotropic
substances into, out of, through or within any area highly vulnerable to such illicit traffic and makes a
declaration to that effect within five weeks of the detention of such person.
Explanation1.—In this sub-section, “area highly vulnerable to such illicit traffic” means—
(i) the India customs waters;
(ii) the customs airports;
(iii) the metropolitan cities of Bombay, Calcutta, Delhi, Madras and the city of Varanasi;
1. Subs. by Act 16 of 1996, s. 2, for “31st day of July, 1996” (w.e.f. 30-7-1990).
5
(iv) the inland area one hundred kilometres in width from the coast of India falling within the
territories of the States of Andhra Pradesh, Goa, Gujarat, Karnataka, Kerala, Maharashtra, Orissa,
Tamil Nadu and West Bengal and the Union territories of Daman and Diu and Pondicherry;
(v) the inland area one hundred kilometres in width from—
(a) the India-Pakistan border in the States of Gujarat, Punjab and Rajasthan;
(b) the India-Nepal border in the States of Bihar, Sikkim, Uttar Pradesh and West Bengal;
(c) the India-Burma border in the States of Arunachal Pradesh, Manipur, Mizoram and
Nagaland;
(d) the India-Bangladesh border in the States of Assam, Meghalaya, Tripura and West
Bengal;
(e) the India-Bhutan border in the States of Arunachal Pradesh, Assam, Sikkim and West
Bengal;
(vi) such other area or customs station, as the Central Government may, having regard to the
vulnerability of such area or customs station, as the case may be, to illicit traffic, by notification in the
Official Gazette, specify in this behalf.
Explanation 2.—For the purposes of Explanation 1, “customs station” has the same meaning as in
clause
(13) of section 2 of the Customs Act, 1962 (52 of 1962).
(2) In the case of any person detained under a detention order to which the provisions of sub-section
(1) apply, section 9 shall have effect subject to the following modifications, namely:—
(i) in clause
(b), for the words “shall, within five weeks”, the words “shall, within four months
and two weeks” shall be substituted;
(ii) in clause
(c),—
(a) for the words “the detention of the person concerned”, the words “the continued detention
of the person concerned” shall be substituted;
(b) for the words “eleven weeks”, the words “five months and three weeks” shall be
substituted;
(iii) in clause
(f), for the words “for the detention”, at both the places where they occur, the words
“for the continued detention” shall be substituted.
