(2) Notwithstanding anything contained in this Ordinance. any person (including a foreigner) in respect of whom an order of detention is made under this Ordinance at any time before the 31st day of July, 1990, m&tf be detained without obtaining, in accordance with the provisions of sub-clause (a) of clause (4) of article 22 of the Const"tution, the opinion of an Advisory Board for a period longer than three months but not exceeding one year 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 m 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—>
(i) the Indian customs waters contiguous to the States of Goa- Gujarat, Karnataka, Kerala, Maharashtra, Tamil Nadu and the Union territories of Daman and Dtu and Pondicherry;
(ii) the Customs airports;
(iii) the metropolitan cities of Bombay, Calcutta, Delhi, Madras and the city of Varanaei;
(iv) the inland area one hundred kilometres in width from the coast of India falling within the territories of thb 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 on© 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.
Btt. 1] THE GAZETTE OF INDIA EXTRAORDINARY 10 of 1897.
(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) ,—
(o) 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;
(in) 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,
11. The maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 10 do not apply and which has been confirmed under clause (/) of section i) shall be one year from the date of detention, and maximum period for which any person may be detained In pursuance of any detention order to which the provisions of section 10 apply and which has been confirmed under clause (f) of section 9, read witriA sub-section (2) of section 10, shall be two years from the date of detention:
Provided that nothing contained in this section shall affect the power, of appropriate Government in either case to revoke or modify the detention; order at any earlier time.
12. (I) Without prejudice to the provisions of section 21 of the General Clauses Act, 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.