(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 committing any of the acts within the meaning of "illicit traffic" as defined in clause (e) of section 2, 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 purpose 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 8oon as may be after the detention, but ordinarily not later than five days, and in exceptional cirumstances and for reasons to be recorded in writing, not later that fifteen days, from the date of detention.
4. A detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973.
s. Every person in respect of whom a detention order has been made shall be liable—
(a) to be detained in such place and under such conditions including conditions a8 to maintenance, interviews or communication with others, discipline elnd punishment for breaches of discipline, as the appropriate Government may. by general or special order, specify; and
(b) to be removed from one place of detention to another place of detention, whethei within the same State or in another State by order of the appropriate Government:
Power to make orders detaining certain persons.
Execution of detention orders.
Power to regulate .
place and conditions of detention.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART 1 1 ^ •rtunds •f Jeteutioi sev«raWt.
Detention orders •ot to be invklid or inoperative on certain (rounds.
Powers im relation to abacoodiBg JWrSOTlH,
Provided that no order shall be made by a State Government under •lause (b) f T the removal of a person from, one State to another State exsept with the consent of the Government of that other State.
fi. Where a person has been detained in pursuance of an order of detention under sub-secticn (1) of section 3 which has been made on two or unore grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly—
(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are—
(i) vague,
(it) non-existent, (Hi) not relevant,
(iv) not connected or not proximately connected with such person, or
(u) invalid for any other reason whatsoever and it is not therefore pQssible to hold that the Government or officer *iaking such order would have been satisfied as provided in sub-section (I) of section 3 with reference to the remaining ground or grounds and made the order of detention;
(b) the Government or officer making the order of detention shall be deemed to have made the order of detention under the said sub-section (1) after being satisfied as provided in that sub-section with reference to the- remaining ground or grounds.
7. No detention order shall be invalid or inoperative merely by reason—
(a) that the parson to be detained thereunder is outside the limits of the territorial jurisdiction of the Government or the officer making the order of detention; on
(b) that the" place of detention of such person is outside the said limits.