J.C.Shah, C.J.I.

(1) WE have heard detailed arguments on the questions whether the Maharashtra Preventive Detention Act No. 18 of 1970 infringes the guarantee of the fundamental freedom under Articles 19,21 and 22 of the Constitution. We have also heard arguments as to the nature of the jurisdiction exercised by the Advisory Board and by the State government in dealing with the representation made by the detenu detained under the Act. We do not however think it necessary to express any opinion on those questions.

(2) CERTAIN facts disclosed by the record clearly indicate that the petitioner is entitled to be released.

(3) BY order of the Commissioner of Police, dated 24/04/1970, the petitioner was detained and he was taken into custody on the very day. He prepared a representation to be submitted to the government of Maharashtra on 1/05/1970. The representation was despatched on 8/05/1970. It was received on 9/05/1970, by the government of Maharashtra. Under S. 11 of the Act it was obligatory upon the government to refer the case to the Advisory Board within 30 days of the date of detention under the Order. By S. 8 of the Act it is provided that