Amendment status not verified — confirm the current text below against the official source.
Subs. by Act 16 of 1996, sec. 2, for "31st day of July, 1996" (w.e.f. 31-7-1996), which was earlier substituted by Act 53 of 1993',sec. 2, for "31st day of July, 1993" (w.e.f. 30-6-1993). I _ 100 The Prevention of Illicit Traffic in N.D.P.S Act, 1988 I...... 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 ofthe detention of such person. Explanation i.-In this sub-section, "area highly vulnerable to such illicit traffic" means- (i) the Indian customs waters; (ii) the customs airports; (iii) the metropolitan cities of Bombay, Calcutta, Delhi, Madras and the city of Varanasi; (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; (v) the inland area one hundred kilometres in width from- (a) the India-Pakistan border in the States of Gujarat, Punjab and Rajasthan; (b) the India-Nepal border in the States of Bihar, Sikkim, Uttar Pradesh and West Bengal; (c) the India-Burma border in the States of Arunachal Pradesh, Manipur, Mizoram and Nagaland; (d) the India-Bangladesh border in the States of Assam, Meghalaya, Tripura and West Bengal; (e) 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 or 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 section 2 of the Customs Act, 1962 (52 of 1962). (2) In the case of any person detained under a detention order to which the provisions of sub-section (I) apply, section 9 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; (ij) in clause (c),- (a) for the words "the detention of the person concerned", the words "the continued detention of the person concerned" shall be substituted; The Prevention of Illicit Traffic in N.D.P.S Act, 1988 101 (b) 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 (i) The principles of five days and fifteen days as provided in section 3(3) relating to communication of grounds of detention cannot be applied in respect of declaration issued under section 10(1) of the Act; Smt. Azra Fatima v. Union of India, 1990 Cr LJ. 1731 (SC). (ii) Detention is illegal if documents relating to order of rejection of bail and subsequent grant of bail are not supplied to detenu; P.u. Abdul Rahiman v. Union of India. AIR 1991 SC