Provided that nothing contained in this section shall affect the power of the Government to revoke or modify the detention order at any earlier time.

Revocation of detention orders

1. (1) Without prejudice to the provisions of section 21 of the General Clauses Act, Samvat 1977, a detention order may at any time, be revoked or modified by the Government notwithstanding that the order has been made by an officer referred to in sub-section
2. (2) of section 2.
3. (2) There shall be no bar to making of a fresh order of detention against a person on the same facts as an earlier order of detention made against such person in any case where--
   • (a) the earlier order of detention or its continuance is not legal on account of any technical defect; or
   • (b) the earlier order of detention has been revoked by reason of any apprehension, or for avoiding any challenge that such order or its continuance is not legal on account of any technical defect : Provided that in computing the maximum period for which a person against whom such fresh order of detention has been issued, may be detained, the period during which such person was under detention under the earlier order of detention shall be excluded.