Judgment

WANCHOO, J. : This appeal by special leave from the judgment of the Punjab High Court was heard on January 20, 1965. We then pronounced a short order allowing the appeal and directing the release of the detenu and indicated that reasons would follow later. We now proceed to give the reasons.

2. The appellant was detained under Rule 30 (1) (b) of the Defence of India Rules (hereinafter referred to as the Rules) by an order passed by Shri Lall Singh on June 30, 1964. That order was passed by Shri Lall Singh as District Magistrate of Amritsar. The only point that has been urged before us on behalf of the detenu is that Shri Lall Singh was not the District Magistrate of Amritsar on June 30, 1964 and, therefore, he had no power to pass the order of detention under the Defence of India Act, No. 51 of 1962, (hereinafter referred to as the Act) and the Rules.

3. It is necessary to set out certain facts with respect to the position Shri Lall Singh was occupying on June 30, 1964 when the order of detention was passed. It appears that Shri P. N. Bhalla was the District Magistrate of Amritsar in April 1964. He was ordered to be transferred to the Secretariat by an order passed on April 2