In this Act, unless the context otherwise requires,--

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(a) "appropriate Government" means, as respects a detention order made by the Central Government or by an officer of the Central Government or a 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 a person detained under such order, the State Government;

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(b) "detention order" means an order made under section 3;

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(c) "foreigner" has the same meaning as in the Foreigners Act, 1946 (31 of 1946);

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(d) "Indian customs waters" has the same meaning as in clause (28) of section 2 of the Customs Act, 1962;

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(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 construed accordingly;

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(f) "State Government", in relation to a Union territory, means the administrator thereof;

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(g) any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.

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(1) The Central Government or the 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 acting in any manner prejudicial to the conservation or augmentation of foreign exchange or with a view to preventing him from--

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(i) smuggling goods, or

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(ii) abetting the smuggling of goods, or

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(iii) engaging in transporting or concealing or keeping smuggled goods, or

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(iv) dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods, or

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(v) harbouring persons engaged in smuggling goods or in abetting the smuggling of goods,

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it is necessary so to do, make an order directing that such person be detained.

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¹[Provided that no order of detention shall be made on any of the grounds specified in this sub-section on which an order of detention may be made under section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 or under section 3 of the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (J & K Ordinance 1 of 1988).]

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(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.

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(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.

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