JUDGMENT Chunder, J. - This petition was filed first as a bail application u/s 498 of the Code of Criminal Procedure, but it was pointed out that as the detention was u/s 18(1) of the Bengal Special Powers Ordinance, 1946, Section 498 of the Code of Criminal Procedure will have no application and it was then ordered to be treated as an application u/s 491 of the Code of Criminal Procedure and a notice was asked to be given to the Deputy Legal Remembrancer. The learned Deputy Legal Remembrancer appeared and he has produced before us a copy of an order by the Government for the detention of the two Petitioners, Haji Goala alias Haji Golab and Manna u/s 18(2) of the Bengal Special Powers Ordinance, 1946. 2. The Petitioners were arrested by the Detective Department of Lal Bazar on July 4, 1947. Under the Ordinance the police can keep them in custody for fifteen days. A report has to be made forthwith to the Government. 3. Mr. Meyer has drawn our attention to the fact that in the present case there was no report to the Government till July 15. The learned Deputy Legal Remembrancer has assured us that he would draw the attention of the police to the desirability of complying with the strict provision of the law as regards making an early report. The. Government passed an order for the detention of these two petitions till September 7, 1947. It is clear that the section does not authorise the Government to order detention for more than two months from the date of arrest and the learned Deputy Legal Remembrancer has very fairly conceded that the order of the Government was not right. 4. It may be mentioned that the mistake in the order of the Government is due to a mistake in the report made by the police in which the date of arrest was mentioned as July 8. 5. It is desirable that in reports the police in such matters should be more careful. 6. As the order of detention by the Government is not within its competence u/s 18(2) of the Bengal Special. Powers Ordinance of 1946, the two Petitioners who are now present in Court must be released and we direct their immediate release. 7. 5. It is desirable that in reports the police in such matters should be more careful. 6. As the order of detention by the Government is not within its competence u/s 18(2) of the Bengal Special. Powers Ordinance of 1946, the two Petitioners who are now present in Court must be released and we direct their immediate release. 7. Let a copy of this order be sent to the Commissioner of Police, Calcutta and another to the learned Deputy Legal Remembrancer as early as possible. Sharpe, J. 8. I agree.