ORDER

On 27th September, 1983 a three Judge Bench of this Court doubted the correctness of the wide observations made in the case of Ram Bali Rajbhar v. The State of West Bengal & Ors.1, and being of the opinion that the view expressed in Pushpa v. Union of India & Ors.2, ran in the teeth of the judgment in Rajbhar s case (supra) referred the matter to a larger Bench. The referring Bench noticing that the detenu had already suffered detention for a period of 10 months out of the 12 months period of detention imposed by the order dated 15th December, 1982, directed the detenu to be released on parole.

2. Mr. Harjinder Singh, learned counsel appearing for the petitioner has taken us through the judgments in Rajbhar s case and Pushpa s case (supra). A careful perusal of both the judgments, however, shows that there is no conflict between the two. The view expressed in Rajbhar s case (supra), in our opinion, lays down the correct law and does not call for any reconsideration. Insofar as the view expressed in Pushpa s case (supra) is concerned it, deserves to be noticed that the learned Single Judge, deciding the petition during the vacation, did not say anything which may be con