Amendment status not verified — confirm the current text below against the official source.
Definitions.~In this Act, unless the context otherwise requires,- (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; (b) "customs airport" means any airport appointed under clause (a) of section 7 of the Customs Act, 1962 (52 of 1962) to be a customs airport; (c) "detention order" means an order made under section 3; (d) "foreigner" has the same meaning as in the Foreigners Act, 1946 (31 of 1946).; (e) "illicit traffic", in relation to narcotic drugs and psychotropic substances, means- (i) cultivating any coca plant or gathering any portion of coca plant; (ii) cultivating the opium poppy or any cannabis plant; (iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or 96 The Prevention of Illicit Traffic in N. D. P. S Act, 1988 I~ transhipment, of narcotic drugs or psychotropic substances; (iv) dealing in any activities in narcotic drugs or psychotropic substances other than those provided in sub-clauses (i) to (iii); or (v) handling or letting any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv), other than those permitted under the Naroctic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder and includes- (I) financing, directly or indirectly, any of the aforementioned activities: (2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and (3) harbouring persons engaged in any of the aforementioned activities: (t) "Indian customs waters" has the same meaning as in clause (28) of section 2 of the Customs Act, 1962 (52 of 1962); (g) "State Government", in relation to a Union territory, means the Administrator thereof; (h) words and expressions used herein but not defined, and defined in the Nacotic Drugs and Psychotropic Substances Act, 1985 (6 I of 1985), have the meanings respectively assigned to them in that Act. COMMENTS The detaining authority has to satisfy himself that illicit traffic in relation to narcotic drugs and psychotropic substances was other than those permitted under the Narcotic Drugs and Psychotropic Substances Act, 1985 or any rule or order made or any condition of licence, term or authorization issued, irrespective of specific facts more so when the facts disclose direct seizure from the person of the detenu, who had no explanation to offer about the lawful possession of such drug; Mahar v. Secretary to Government 0/ Tamil Nadu, 1994 Cr LJ 1407 (Mad).