Section 3
Power to make orders detaining certain persons.
The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988
About this Act
An Act to provide for detention in certain cases for the purpose of preventing illicit traffic in narcotic drugs and psychotropic substances and for matters connected therewith.
(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 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 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 purposes 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 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.
(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 purposes 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 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.