Section Section 10
, the appropriate Government shall, within five weeks from the date of detention
section 10, the appropriate Government shall, within five weeks from the date of detention of a person under a detention order, make a reference in respect thereof to the Advisory Board constituted under clause (a) to enable the Advisory Board to make the report under sub-clause (a) of clause 4) of article 22 of the Constitution; (c the Advisory Board to which a reference is made under clause (b) shall after considering the reference and the materials placed before it and after calling for such further information as it may deem necessary from the appropriate Government o from any person called for the purpose through the appropriate Government or from the person concerned, and if, in any particular case it considers it essential so to do Or if the person concerned desires to be heard in person, after hearing him in person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not there is sufficient cause for the detention of the person concerned and submit the same within eleven weeks from the date of detention of the person concerned; when there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board; person against whom an order of detention has been made under this Act shall not be entitled to appear by any legal practitioner in any matter connected with the reference to the Advisory Board and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential; in every case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit and in every case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and cause the person to be released forthwith: 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. (1) Notwithstanding anything contained in this Act, any person (including a foreigner) in respect of whom an order of detention is made under this Act at any time before the '[3lst day of July, 1999], may be detained without obtaining, in accordance with the provisions of sub-clause (a) of clause of article 22 of the Constitution, the opinion of an Advisory Board for a period longer than three months but not exceeding six months 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 in narcotic drugs and psychotropic substances into, out of, through or within 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 1.~In this sub-section; "area highly vulnerable to such illicit traffic" means the India customs waters;
(ii the customs airports; 'iii) the metropolitan cities of Bombay, Calcutta, Delhi, Madras and the city of Varanasi;
1. Subs. by Act 16 of 1996, s. 2, for "3lst day of July, 1996" (W.e.f. 31-7-1996)
(iv) the inland area one hundred kilometres in width from the coast of India falling within the territories of the 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; the inland area one hundred kilometres in width from the India-Pakistan border in the States of Gujarat; Punjab and Rajasthan; the India-Nepal border in the States of Bihar; Sikkim, Uttar Pradesh and West Bengal; the India-Burma border in the States of Arunachal Pradesh; Manipur; Mizoram and Nagaland; the India-Bangladesh border in the States of Assam; Meghalaya, Tripura and West Bengal; the India-Bhutan border in the States of Arunachal Pradesh; Assam; Sikkim and West Bengal; vi) such other area Or customs station, as the Central Government may, having regard to the vulnerability of such area O customs station; as the case may be, to illicit traffic, by notification in the Official Gazette, specify in this behalf: Explanation 2.-For the purposes of Explanation 1, "customs station' has the same meaning as in clause (13) of
Roop's Law Assist