J.M.Shelat,J.

(1) THIS petition for habeas corpus is by one L. Shaiza for and on behalf of Mown Angami challenging his present detention in the Special Jail at Nowgong, Assam.

(2) MOWN Angami was first detained by an order, dated 18/03/1969 under S. 3 of the Preventive Detention Act, 1950. The order was confirmed by the central government and was to continue till 18/03/1970. As the Act was about to expire, he was released on 30/12/1969, from the Jail in Delhi where he was detained and was immediately arrested. Since then he has been in jail first in Delhi and now in Nowgong.

(3) THE petition challenges his detention on the grounds: ( 1 ) that he has, since 30/12/1969, never been produced before a Magistrate in violation of the requirements of Article 22(2) of the Constitution; (2) that since he has been detained in Nowgong Jail and not inNagaland,thedode of Criminal Procedure applies to his case; hence, as required by S. 167 of the Code, it was incumbent on the part of the police authorities to produce him before a Magistrate. There being thus non-compliance of S. 167, his detention is also in violation of Article 21 ; and (3) that the authoritie