law: Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
  9. [ (Note: Subs. by Act No.58 of 1984, s.2, for
  
  s.9 ( w.e.f . 13-7-1984) Cases in which and circumstances
  
  under which persons may be detained for period 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 berfore the [(Note:- Subs. by
  
  Act No.52 of 1993, s.2 ( w.e.f . 25-6-1993)) 31st
  
  of July, 1996], may be detained without obtaining, in accordance with the
  
  provisions of sub-clause (a) of clause (4) 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
  
  smuggling goods or abetting the smuggling of goods or engaging in transporting
  
  or concealing or keeping smuggled goods 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,-
  (a) smuggles or is likely to smuggle goods
  
  into, out of or through any area highly vulnerable to smuggling ; or
  (b) abets or is likely to abet the smuggling
  
  of goods into, out of or through any area highly vulnerable to smuggling ; or
  (c) engages or is likely to engage in
  
  transporting or concealing or keeping smuggled goods in any area highly
  
  vulnerable to smuggling, 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 smuggling" means,-
  i .  The Indian customs waters,
  
  contiguous to [(Note:- Subs. by Act No.23 of 1987, s.2 ( w.e.f .
  
  2.7.1987)) The States of Goa , Gujarat, Karnataka,
  
   Kerala , Maharashtra , Tamil  Nadu and the Union territories of Daman and  Diu and Pondicherry ] ;
  ii. The inland area fifty kilometers in width from
  
  the coast of India falling within the territories of [(Note:- Subs. by Act
  
  No.23 of 1987, s.2 ( w.e.f . 2.7.1987)) States of  Goa , Gujarat, Karnantaka ,  Kerala , Maharashtra , Tamil  Nadu and the Union Territories of Daman and  Diu and Pondicherry ] ;
  iii.  the inland area fifty kilometres 
  
  in width from the India-Pakistan border in the State of Gujarat, Jammu and
  
  Kashmir, Punjab and Rajasthan ;
  iv. the customs air port of Delhi ; and
  v. such further or other Indian customs waters, or
  
  inland area not exceeding one hundred kilometres in
  
  width from any other coast or border of India, or such other customs station,
  
  as the Central Government may, having regard to the vulnerability of such
  
  waters, area or customs station, as the case may be, to smuggling, by
  
  notification in the Official Gazette, specify in this behalf.
  Explanation 2 - For the purposes of Explanation 1,
  
  "customs airport" and "customs station" shall have the same
  
  meaning as in clauses (10) and (13) of section 2 of the Customs Act, 1962 (52
  
  of 1962), respectively.
  (2) In the case of any person detained under a detention order
  
  to which the provisions of sub-section (1) apply, section 8 shall have effect
  
  subject to the following modifications, namely :-
  ( i ) in clause (b),
  
  for the words "shall, within five weeks", the words "shall,
  
  within four months and two weeks" shall be substituted ;
  (ii) in clause (c), --
  (1) for the words "the detention of the
  
  person concerned", the words "the continued detention of the person
  
  concerned" shall be substituted ;
  (2) for the words "eleven weeks",
  
  the words "five months and three weeks" shall be substituted ;
  (iii) in clause (f), for the words "for
  
  the detention", at both the places where they occur, the words "for
  
  the continued detention" shall be substituted.]
  COMMENTS
  "Customs airport" means any airport appointed under
  
  clause (a) of section 7 to be a customs airport.
  "Customs station" means any customs port, customs
  
  airport to land customs station.