Section 6 of The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980
No detention order shall be invalid or inoperative merely by reason--
- (a)that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the Government or officer making the order, or
- (b)that the place of detention of such person is outside the said limits.
Summary
- This section ensures a detention order does not fail or lose legal force due to geographical borders.
- An order remains completely valid even if the person to be detained is outside the physical jurisdiction of the government or officer who signed it.
- The order is also fully legal even if the actual location where the person will be held is outside the borders of that issuing officer or government.
Practical examples
FAQ
1. Can a detention order under Section 6 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 be cancelled if the target leaves the state?
No, under Section 6 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, an order does not become invalid or inoperative, meaning it remains active, even if the person is located outside the territory of the authority that issued it.
2. What happens under Section 6 of the Blackmarketing Prevention Act of 1980 if the designated prison is in a different state?
According to Section 6 of the Blackmarketing Prevention Act of 1980, a detention order cannot be declared invalid or useless simply because the facility where the person is kept is outside the territorial limits of the issuing officer or government.
3. If a Delhi officer issues an order for someone in Punjab, is it legal under Section 6 of the Essential Commodities Supplies Maintenance Act?
Yes, it is legal, because Section 6 of the Essential Commodities Supplies Maintenance Act explicitly provides that a detention order is not invalid merely because the person to be detained is outside the territorial limits of the officer making the order.
Test yourself
Q1.Under Section 6 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, which of the following circumstances will make a detention order invalid?
Q2.Suppose an officer makes a detention order under the 1980 Supplies Maintenance Act. If the person to be detained is found in another state, what is the status of the order under Section 6?
Q3.Under Section 6 of the Prevention of Blackmarketing Act, if a person is detained in a facility outside the jurisdiction of the officer who signed the order, can they use this as a ground to challenge their detention?
Q4.Which of the following is true regarding territorial limits and the validity of detention orders under Section 6 of the Essential Commodities Supplies Maintenance Act?