JUDGMENT S.K Jomchaudhury & Narayan Roy, JJ. Heard the learned counsel appearing on behalf of the petitioner and the learned Junior Counsel to the Government Advocate. 2. This is an application for issuance of writ the nature of habeas corpus. When this application was field the petitioner had challenged the initiation of the proceeding under sub-Section (3) of Section 3 of the Bihar Control of crimes Act, 1981 (hereinafter referred to as 'the Act') also prayed for his release forthwith on the ground that the detaining authority has no jurisdiction to detain the petitioner in exercise of its power under sub Section (3) of Section 3 of the Act. 3. When admitting this writ application this Court vide order dated 16.1.1995 passed an order for release of the petitioner provisionally holding that the District Magistrate. Purnia (respondent no.2) had no jurisdiction to detain the petitioner in exercise of its power under Section 3 (3) of the Act. 4. The learned counsel appearing on behalf of the petitioner States that Puente to the order dated 16.1.1995, the petitioner has been released from custody. He has also submitted that the petitioner had already submitted reply to the show case notice. Final order in the proceeding has not yet been passed. 5. Since Section 3(3) of the Act does not confer any power in the District Magistrate to detain person, we make the interim order dated 16.1.1995 releasing the petitioner absolute. 6. However, the proceeding under Section 3 (3) of the Act pending against the petitioner before the respondent District Magistrate may continue. 7. With the aforesaid order and observations, this writ application is disposed of. Application disposed of.