Section Section 2
Definitions: -~In this Act, unless the context otherwise requires, "appropriate G
2. Definitions: -~In this Act, unless the context otherwise requires, "appropriate Government" means, as respects detention order made by the Central Government or by an officer of the Central Government, Or person detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer of a State Government, or person detained under such order, the State Government; (b) "customs airport" means any airport appointed under clause (a) of section 7 of the Customs Act, 1962 (52 of 1962) to be a customs airport; detention order' means an order made under section 3;
~foreigner" has the same meaning as in the Foreigners Act; 1946 (31 of 1946); illicit traffic" in relation to narcotic drugs and psychotropic substances, means cultivating any coca plant o gathering any portion of coca plant; (ii) cultivating the opium poppy or any cannabis plant; (iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use Or consumption, import inter-State, export inter-State, import into India, export from India or transhipment, of narcotic drugs O psychotropic substances; (iv) dealing in any activities in narcotic drugs Or psychotropic substances other than those provided in sub-clauses (i) to (iii); Or
Vide notification No. S.O. 3912(E), dated 30th October; 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh
handling or letting any premises for the carrying 0 of any of the activities referred to in sub-clauses (i) to (iv), other than those permitted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), o any rule Or order made, or any condition of any licence, term or authorisation issued, thereunder and includes financing, directly or indirectly, any of the aforementioned activities; (2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and (3) harbouring persons engaged in any of the aforementioned activities; ~'Indian customs waters has the same meaning as in clause (28) of section 2 of the Customs Act, 1962 (52 of 1962); "State Government?= in relation to a Union territory, means the Administrator thereof; words and expressions used herein but not defined, and defined in the Narcotic Drugs and Psychotropic Substances Act; 1985 (61 of 1985), have the meanings respectively assigned to them in that Act: 3_ Power to make orders detaining certain persons 1) The Central Government or 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, O 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 foreigner) that, with 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 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 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: