The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

(1) This Act may be called the Conservation of ForeignExchange and Prevention of Smuggling Activities Act, 1974. (2) It extends to the whole of India. (3) It shall come into force on such date1(being a date not later than the twentieth day of December,1974), as the Central Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) "appropriate Government" means, as respects a detention order made by the CentralGovernment or by an officer of the Central Government or a person detained under such order, theCentral Government, and as respects a detention order made by a State Government or by an officerof a State Government or a person detained under such order, the State Government; (b) "detention order" means an order made under section 3; (c) "foreigner" has the same meaning as in the Foreigners Act, 1946 (31 of 1946); (d) "Indian customs waters" has the same meaning as in clause (28) of section 2 of the CustomsAct, 1962; (e) "smuggling" has the same meaning as in clause (39) of section 2 of the Customs Act, 1962(52 of 1962), and all its grammatical variations and cognate expressions shall be construedaccordingly; (f) "State Government", in relation to a Union territory, means the administrator thereof; (g) any reference in this Act to a law which is not in force in the State of Jammu and Kashmirshall, in relation to that State, be construed as a reference to the corresponding law, if any, in force inthat State.

(1) The Central Government or the StateGovernment 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 aState Government, not below the rank of a Secretary to that Government, specially empowered for thepurposes of this section by that Government, may, if satisfied, with respect to any person (including aforeigner), that, with a view to preventing him from acting in any manner prejudicial to the conservationor augmentation of foreign exchange or with a view to preventing him from-- (i) smuggling goods, or (ii) abetting the smuggling of goods, or (iii) engaging in transporting or concealing or keeping smuggled goods, or (iv) dealing in smuggled goods otherwise than by engaging in transporting or concealing orkeeping smuggled goods, or (v) harbouring persons engaged in smuggling goods or in abetting the smuggling of goods, it is necessary so to do, make an order directing that such person be detained. 1[Provided that no order of detention shall be made on any of the grounds specified in this sub-sectionon which an order of detention may be made under section 3 of the Prevention of Illicit Traffic inNarcotic Drugs and Psychotropic Substances Act, 1988 or under section 3 of the Jammu and KashmirPrevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (J & KOrdinance 1 of 1988).] (2) When any order of detention is made by a State Government or by an officer empowered by aState Government, the State Government shall, within ten days, forward to the Central Government areport in respect of the order. (3) For the purposes of clause (5) of article 22 of the Constitution, the communication to a persondetained in pursuance of a detention order of the grounds on which the order has been made shall be madeas soon as may be after the detention, but ordinarily not later than five days, and in exceptionalcircumstances and for reasons to be recorded in writing, not later than fifteen days, from the date ofdetention.

A detention order may be executed at any place in India in themanner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973(2 of 1974).

Every person in respect of whom adetention order has been made shall be liable-- (a) to be detained in such place and under such conditions including conditions as tomaintenance, interviews or communication with others, discipline and punishment for breaches ofdiscipline, 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, whether within thesame State or in another State by order of the appropriate Government: Provided that no order shall be made by a State Government under clause (b) for the removal of aperson from one State to another State except with the consent of the Government of that other State.