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THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974

Title : THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974

Year : 1974



(1) If the appropriate Government has reason to belive that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that Government may-

(a) Make a report in writing of the fact to a Metropolitan Magistrate or a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 82, 83, 84.and 85 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate ;

(b) By order notified in the Official Gazette direct the said person to appear before such officer at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction, he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the perd specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both.

(2) Not wit standing anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), every offence under clause (b) of sub-section 2 (1) shall be cognizable.



For the purposes of sub-clause (a) of clause (4), and sub-clause (c) of clause (7), of article 22 of the Constitution,-

(a) The Central Government and each State Government shall, whenever necessary, constitute one or more Advisory Boards each of which shall consist of a Chairman and two other persons possessing the qualifications specified in sub-clause (a) of clause (4) of article 22 of the Constitution ;

(b) Save as otherwise provided in section 9, the appropriate Government shall, within five weeks from the date of detention of a person under a detention order make a reference in respect thereof to the Advisory Board constituted under clause (a) to enable the Advisory Board to make the report under sub clause (a) of clause (4) of article 22 of the Constitution ;

(c) The Advisory Board to which a reference is made under clause
(b) shall after considering the reference and the materials placed before it and after calling for such further information as it may deem necessary from the appropriate Government or from any person called for the purpose through the appropriate Government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person conned desires to be heard in person, after hearing him in person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not there is sufficient cause for the detention of the person concerned and submit the same within eleven weeks from the date of detention of the person concerned;

(d) When there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board;

(e) A person against whom an order of detention has been made under this Act shall not be entitled to appear by any legal practitioner in any matter connected with the reference to the Advisory Board, and the proceedings of the Advisory
Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential;

(f) In every case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit and in every case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and cause the person to be released forthwith.



(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, 1996, 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 f 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 transporting 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 vulnerable 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 state od Goa, Gujrat, Karnataka, Kerala, Maharashtra and Tamil Nadu and the union territories of Daman and Diu and pandicherry;

(ii) The inland area fifty kilo metres in width from the coast of India falling with in the territories of the state a of Goa, Gujrat, Karnataka, Kerala, Maharashtra and Tamil Nadu and the union territories of Daman and Diu and pandicherry;

(iii) The inland area fifty kilo metres in width from the India - Pakistan border in the States of Gujarat, Jammu and Kashmir, Punjab and Rajasthan;

(iv) The customs airport of Delhi; and

(v) Such further or other Indian customs waters, or inland area not exceeding one hundred kilo metres in width from any other coast or border of India or such other customs station, as the Central Government may, having regard to the vulnerability of such waters, area or customs station, as the case may be, to smuggling, by notification in the Official Gazette, specify in this behalf.

Explanation 2.-For the purposes of Explanation 1, "customs airport" and "customs station" shall have the same meaning as in clauses (10) and (13) of section 2 of the Customs Act, 1962, respectively.

(2) In the case of any person detained under a detention order to which the provisions of sub-section (1) apply, section 8 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),-

(1) For the words "the detention of the person concerned", the words "the continued detention of the person concerned" shall be substituted;

(2) 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.

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1 Subs. by Act 20 of 1976, s. 2 (w.e.f. 12-12-1975).

2 Subs. by Act 58 OF 1984, S.2 (W.E.F. 13-7-1984).

3 Subs. by Act 23 of 1987, s.2 (w.e.f. 2-7-1987).

4 Subs. by Act 27 of 1990, s.2 (w.e.f. 30-7-1990).

5 Subs. by Act 52 of 1993, s.2 (w.e.f. 25-6-1993).

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The maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 9 do not apply and which has been confirmed under clause (f) of section 8 shall be one year from the date of detention and the maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section
9 apply and which has been confirmed under clause (f) of section 8.read with sub-section (2) of section 9 shall be two years from the date of detention:

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



(1)Without prejudice to the provisions of section 21 of the General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified-

(a) Notwithstanding that the order has been made by an officer of a State Government, by that State Government or by the Central Government;

(b) Notwithstanding that the order has been made by an officer of the Central Government or by a State Government, by the Central Government.

(2) The revocation of a detention order shall not bar the making of another detention order under section 3 against the same person.
Last updated on August, 2016

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