3Power to make orders detaining certain persons
(1) The Central Government or a State Government, or any officer of the Central Government, not below the rank of a Joint Secretary to that Government, specially empowered for the purposes of this section by that Government, or any officer of a State Government, not below the rank of a Secretary to that Government, specially empowered for the purposes of this section by that Government, may, if satisfied, with respect to any person (including a foreigner) that, with a view to preventing him from engaging in illicit traffic in narcotic drugs and psychotropic substances, it is necessary so to do, make an order directing that such person be detained.
(2) When any order of detention is made by a State Government or by an officer empowered by a State Government, the State Government shall, within ten days, forward to the Central Government a report in respect of the order.
(3) For the purposes of clause (5) of article 22 of the Constitution, the communication to a person detained in pursuance of a detention order of the grounds on which the order has been made shall be made as soon as may be after the detention, but ordinarily not later than five days, and in exceptional circumstances and for reasons to be recorded in writing not later than fifteen days, from the date of detention.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Power to make orders detaining certain persons
- 4 Execution of detention orders
- 5 Power to regulate place and conditions of detention
- 6 Grounds of detention severable
- 7 Detention orders not to be invalid or inoperative on certain grounds
- 8 Powers in relation to absconding persons
- 9 Advisory Boards
- 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
- 11 Maximum period of detention
- 12 Revocation of detention order
- 13 Temporary release of persons detain
- 14 Protection of action taken in good fait
- 15 Repealed
- 16 Repeal and savin