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CRIMINAL APPELLATE JURISDICTION:Case No. 22 of 1950. Appeal under Art. 132(1) of the Constitution against a judgment and order of the Bombay High Court dated 1st Sep- tember, 1950, in Criminal Application No. 807 of 1950. The facts and arguments of counsel are set out in the judgment. M.C. Setalvad Attorney-General, (G. N. Joshi, with him) for the appellant.

A.S.R. Chari and Bava Shiv Charan Singh for the respond- ent.

1951. Jan. 25. The judgment of Kania C.J., Fazl Ali, Mukherjea and Chandrasekhara Aiyar JJ. was delivered by Kania C.J. Patanjali Sastri and Das JJ. delivered separate judgments.

KANIA C.J.--This is an appeal from a judgment of the High Court at Bombay, ordering the release of the respondent who was detained in custody under a detention order made under the Preventive Detention Act (IV of 1950). The re- spondent was first arrested on the 18th of December, 1948, under the Bombay Public Security Measures Act, 1948 (Bombay Act IV of 1947), but was released on the 11th of November, 1949. He was arrested again on the 21st of April, 1950, under the Preven- tive Detention Act, 1950, and on the 29th of April, 1950`, grounds for his detention 'were supplied to him. They were in the following terms: "That you are engaged and are likely to be engaged in promoting acts of sabotage on railway and railway property in Greater Bombay." The respondent filed a habeas corpus petition on the 31st of July, 1950, in which, after reciting his previous arrest and release, in para- graphs 6 and 7 he mentioned as follows :--