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The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 provides for preventive detention in certain cases for the purposes of conservation and augmentation of foreign exchange and prevention of smuggling activities.
Provisions of the Act
- The Central Government or the State Government or any officer of the Central Government/ State Government, not below the rank of a Joint Secretary/ Secretary may make an order directing that such person be detained 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
. smuggling goods
. abetting the smuggling of goods
. engaging in transporting or concealing or keeping smuggled goods
. dealing in, smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods
. harboring persons engaged in smuggling goods or in abetting the smuggling of goods
- For the purposes of Article 22(5) 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.
- A detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973
- No detention order shall be invalid or inoperative merely by reason that
. the person to be detained thereunder is outside the limits of the territorial jurisdiction of the Government or the office making the order of detention
. the place of detention of such a person is outside the said limits.
- For purposes of Article 22 (4), 22 (7) of the constitution, the Central Government and each State Government shall constitute one or more Advisory Boards each of which shall consist of a chairman and two other persons.
- No suit or other legal proceeding shall lie against the Central Government or a State Government, and no suit prosecution or other legal proceedings shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act.
