An offender sentenced to detention in a Borstal School under Section 10-A of the Andhra Pradesh Borstal Schools Act, 1925, cannot be sent to prison after the expiry of the term of detention or on attaining the age of 23 years.

RAMACHANDRA RAO, J.

( 1 ) THE petitioner, who is undergoing detention in the Borstal School at Visakhapatnam, has sent a letter on 31-12-1982 to this Court to treat the same as a petition for the issue of a writ of habeas corpus and to direct the respondent to release him forthwith.

( 2 ) THE relevant facts leading to the filing of this writ petition are set out in the counter affidavit filed by the Incharge Superintendent of the Borstal School. Bondili Jagannath Singh, the petitioner herein, was convicted under Section 302, I. P. C. and sentenced to imprisonment for life in sessions Case No. 1/76 on the file of the Additional Sessions Judge, Ongole by judgment dated 17-3-1976. He was aged 16 years at the time of such conviction. On appeal preferred by him to this Court in Criminal Appeal No. 804/76, the conviction and sentence imposed were confirmed by judgment dated 11-7-1976. While confirming the said conviction and sentence, this Court recommended to the Government that the petitioner should be sent to the Borstal School for detention under section 10-A of the Andhra Pradesh Borstal School Act, 1925 (Act No. V of 1926 ).

( 3 ) PURSUANCE to the said recommendation, the Government by order dated 2-9-1976 in G. O. Rt. No. 2178, directed that the petitioner should be sent to the Borstal School, Visakhapatnam. From 18-9-1976, the petitioner has been in detention in the Borstal School at Visakhapatnam.

( 4 ) WHILE so, the case of the petitioner was placed before the Visiting Committee of the Borstal School for review on 28-12-1980, and the Committee recommended his release on licence. But the Superintendent of Police, Ongole sent a report stating that there would be reaction in the locality if the petitioner were to be released, and that the relatives of the victim were still bearing grudge against the petitioner. In view of the said report, the Government, instead of releasing the petitioner on licence, ordered in G. O. Rt. No. 3285 Home (prison-B) Department dated 9-12-1982 that the petitioner be transferred to the Central Prison, Rajahmundry.

( 5 ) THE petitioner has thereupon moved this Court for his release by the issue of a writ of habeas corpus. As the petitioner is not represented by counsel, Sri C. Padmanabha Reddy, a senior Advocate of this Court, has appeared for the petitioner as amicus curiae at our request.

( 6 ) IN his letter, the petitioner stated that had he been allowed to undergo the sentence of imprisonment in the Central Jail, Rajahmundry where he was detained prior to his transfer to the Borstal School, he would have earned remission of the sentence according to the prisons Rules, and he would be entitled to be released in accordance with the order passed by the Government directing the release of certain categories of prisoners to commemorate the Silver Jubilee Celebrations of the State of Andhra Pradesh on 1-11-1980.

( 7 ) OBVIOUSLY, the petitioner is referring to the order in G. O. Ms. No. 557 Home (Prisons-C) Department dated 30-10-1080 issued by the Government under Section 432, Criminal P. C. on the even of the Silver Jubilee Celebrations, directing the release of certain categories of prisoners. Under Para 2 (1) of the said G. O. , all prisoners, except those covered by Section 433-A, Cr. P. C. who had completed 5 years of sentence of imprisonment as on 30-10-1980, are entitled to be released.

( 8 ) SRI C. Padmanabha Reddy raised a further contention that even under the provisions of the Andhra Pradesh Borstal Schools Act (hereinafter called "the Act"), the petitioner would be entitled to be released as he had completed 23 years by 9-12-1982.

( 9 ) THE learned counsel submitted relying upon several provisions of the Act, in particular, Sections 8, 10-A and 14, that when an offender has been convicted for an offence, and sentenced to imprisonment for a term, or to imprisonment for life, and he has been ordered to be detained in a Borstal School, and he attains the age of 23 years while he is in detent

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