Preventive detention orders cannot pre-fix custody periods before Advisory Board review under the amended statutory scheme.

Under the amended preventive detention scheme, the detention period could not be fixed in the initial order before reference to the Advisory Board. The statute required every detention case to be placed before the Board under section 9, and only after a report of sufficient cause could the Government confirm detention and determine the period under section 11. An order pre-setting detention until a stated date was inconsistent with that procedure and could prejudice the Board's consideration. The detention order was therefore invalid to the extent it fixed the period in advance, and relief was granted to the detainee.

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Issues: Whether a preventive detention order that itself fixes the period of detention before reference to and report by the Advisory Board is valid under the amended statutory scheme.

Analysis: The detention order was treated as a fresh order made under section 3(1) of the Preventive Detention Act, 1950 as amended in 1951. Under the amended Act, every case of detention had to be placed before an Advisory Board under section 9, and only after a report that there was sufficient cause for detention could the Government confirm the order and continue detention for such period as it thought fit under section 11. The statutory scheme therefore required the period of detention to be determined after the Advisory Board's consideration, not in the initial order itself. A direction in the original order fixing detention until a stated date was inconsistent with that scheme and was also capable of prejudicing a fair consideration of the case by the Advisory Board. In matters affecting personal liberty, the procedure established by law had to be strictly followed.

Conclusion: The detention order was invalid to the extent that it fixed the period of detention in advance, and the petition was allowed in favour of the petitioner.

Final Conclusion: The challenged detention could not stand because the statutory safeguards governing preventive detention were not observed before limiting the period of custody.

Ratio Decidendi: Under the amended preventive detention regime, the authority may determine the period of detention only after the Advisory Board has reported sufficient cause for detention; an initial order fixing the detention period in advance is contrary to the statutory scheme and invalid.

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