BAVDEKAR, VYAS
Pralhad Krishna Kurane – Appellant
Versus
State of Bombay. – Respondent
Bavdekar, J. :- This is an application under Art. 226 of the Constitution of India by a person, who was originally detained under an order dated 1-4-1948 under the Bombay Public Security Measures Act. It appears that the applicant detenu was arrested in pursuance of the order on 13-2-1950 and detained in the House of Correction at Byculla under the authority of the order. On 26-2-1950 the Preventive Detention Act, 1950, came into force, and there was consequently passed against the applicant an order under that Act detaining him under S. 3 of the Act. Subsequently by an order passed by the Assistant Inspector General of Prisons for the Inspector General of Prisons the applicant was transferred from the House of Correction at Byculla to the Thana Jail, and he was detained there until the applicant made the present application. Under the Preventive Detention Act, 1950, as it stood originally, an order of detention would have remained in force only for a period of one year from the date of the order; but on 22-2-1951 the Preventive Detention Act was amended by an amending Act, and S. 12 of the amending Act provided :
"For the avoidance of doubt it is hereby declared that -
(a)
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