Judgment

SINHA, C.J.I. : This appeal is directed against the judgment and order dated July 11, 1961, of a Division Bench of the Bombay High Court s (Nagpur Bench), dismissing the appellant s application, under Art. 226 of the Constitution, read with S. 491 of the Code of Criminal Procedure, wherein he had prayed for a writ of Habeas Corpus against the State of Maharashtra and the District Magistrate of Nagpur, directing them to produce the petitioner in Court and to set him at liberty. This application was heard by us on January 8 and 9, 1962, and alter hearing Shri A. S. Bobde for the appellant and the learned Attorney-General for the State of Maharashtra we directed that the appellant be released forthwith and that the reasons for our judgment will follow later. We now proceed to set out our reasons for the order passed on that day.

2. It appears that an order of Detention, under S. 3 (1)(a)(ii) of the Preventive Detention Act (IV of 1950) (hereinafter referred to as the Act) was made by the District Magistrate of Nagpur on April 10, 1961. The order of Detention is in these terms:

"No. CC/X-(2) of 1961

Office of the District Magistrate,

Nagpur, Dt. 10th April 1961.

Order of Detention