Judgement

BOSE J.: This is a habeas corpus petition under Art. 32 of the Constitution.

2. The petitioner was detained on 16-10-1951 under the Preventive Detention Act of 1950 as amended in 1951. Her detention was actually longer than this but the earlier detentions were under a different set of orders which are not relevant to the present matter. The present detention is based on an order of the District Magistrate, Thana, and merely says that the petitioner be detained, without specifying any period. The order of confirmation was passed on 4-1-1952 and there again no period was specified. The petitioner s case is that as no period was specified in the order her period of detention expired on 31-3-1952 because of the amending Act of 1951; or at the outside on 30-9-1952 because of Act 34 of 1952 which effected a further amendment.

3. The reply on behalf of the State of Bombay is that the Preventive Detention Act of 1950 was again amended by Act 61 of 1952 and that the effect of this amendment was to carry the petitioner s defention on to 31-3-1953 because of S. 11-A which was added to the original Act of 1950.

4. The petitioner counters by saying that the new Act does not apply to case