Bose, J.-This is an appeal from an order of the Bombay High Court directing the release of the respondent who had been detained under section 3 of the Preventive Detention Act of 1950.

The learned Attorney-General states at the outset that Government does not want to re-arrest the respondent but merely desires to test the High Court’s decision on certain points which will have far reaching effects on preventive detentions in the State of Bombay. Following the precedent of their Lordships of the Privy Council in King-Emperor v. Vimlabai Deshpande1we proceed to decide the appeal but direct that the respondent shall not in any event be re-arrested in respect of the matters to which the appeal relates.

The respondent was originally arrested under an order of the District Magistrate, Belgaum, dated the 26th February, 1950, though he was then beyond the jurisdiction of that authority. On the 11th July, 1950, the Bombay High Court held that a detention of that kind was invalid. The decision was given in the case of In re Ghate2. This necessitated a review of 57 cases, among them the respondent’s. Orders were passed in all those cases on the 17th July, 1950. About 52 of the detenus were rele

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