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Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974


10. Maximum period of detention

The maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 9 do not apply and which has been confirmed under clause (f) of section 8 shall be [(Note:- Subs. by Act No.20 of 1976 for words "one year from the date of detention") a period of one year from the date of detention or the specified period, whichever period expires later] and the maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 9 apply and which has been confirmed under clause (f) of section 8 read with sub-section (2) of section 9 shall be [(Note:- Ibid, for words "two years from the date of detention") a period of two years from the date of detention or the specified period, whichever period expires later :

Provided that nothing contained in this section shall affect the power of the appropriate Government in neither case to revoke or modify the detention order at any earlier time.

[(Note:- Ins. by Act No.20 of 1976) Explanation.—In this section and in section 10A, "specified period" means the period during which the Proclamation of Emergency issued under clause (1) of article 352 of the Constitution on the 3rd day of December, 1971 and the Proclamation of Emergency issued under that clause on the 25th day of June, 1975, are both in operation.]

Comment: we hold that since no order of confirmation of the detention was made under Cl. (f) of S. 8 within three months of the date of detention by the appropriate Government, further detention of the petitioner after the expiry of that period is without the authority of lawNirmal Kumar Khandelwal v. The Union of India AIR 1978 SUPREME COURT 1155



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