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

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 15th day of August, 1988 may be detained without obtaining in accordance with the provisions of sub-clause

1. (a) of clause

1. (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, the Government or any officer of the Government not below the rank of Secretary to Government, specially empowered for the purpose of this section by the Government, is satisfied that such person engages or is likely to engage in illicit traffic in narcotic drugs and psychotropic substances into, out of or through any area highly vulnerable to such illicit traffic and makes a declaration to that effect within five weeks of the detention of such person. Explanation.--In this sub-section, "area highly vulnerable to such illicit traffic" means the inland area 100 kilometres in width from the India-Pakistan border in the State of Jammu and Kashmir.
2. (2) In the case of any person detained under a detention order to which the provisions of sub-section
3. (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 "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.