Section 3(1) in The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
(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 the 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—(i)smuggling goods, or(ii)abetting the smuggling of goods, or(iii)engaging in transporting or concealing or keeping smuggled goods, or(iv)dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods, or(v)harbouring persons engaged in smuggling goods or in abetting the smuggling of goods,it is necessary so to do, make an order directing that such person be detained.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).
