Sinha, J.

1. This is an application under Article 226 of the Constitution of India and Section 491, Cr. P. C.

2. An order for the detention of the petitioner, Karamvir Singh, under the Preventive Detention Act (Act 4 of 1950), was passed on 20-9-1952, and he was arrested on 22nd September. The grounds of detention were served upon him on 26-9-1952. He had made an application to this Court under Article 226 of the Constitution of India and Sec. 491, Cr P. C. (Criminal Misc. No. 403 of 1952). It appears that he had also filed an application for habeas corpus from jail (Criminal Misc. No. 351 of 1952). Both these applications were heard by this Court on 2-12-1952, and the judgment was delivered on 19-12-1952. This Court held that, in view of the amendment of the Act (Act 4 of 1951), the reference by the State Government to the Advisory Board was bad because at the time the reference was made the Chairman of the Advisory Board had not been appointed and therefore the Advisory Board had not been properly constituted. Accordingly, the detenu was ordered to be released from preventive detention. A fresh order of detention was, however, passed on 20-12-1952, and was served upon the