In Deb Sadhan Roy vs West Bengal(1), a case under the President 's Act XIX of 1970, this Court laid down that it was essential that the appropriate Government should take positive action on the report of the Advisory Board, which action alone would determine whether the detention was to be terminated or continued, that it would, therefore, prima facie, appear that action should be taken immediately after the receipt of the opinion of the Board, or at any rate, within three months from the date a person was detained, and that failure to confirm or extend the period within three months would result in the detention becoming illegal, the moment the three months period elapsed without any such confirmation This decision, thus, makes it clear that the legality of a detention order or the detention thereunder would not be affected it an order of confirmation is passed before the expiry of three (1)[1972] 1 S.C.C. 308. 717 months from the date of detention.