S.C.MITAL, J.

1. Surrinder Kumar and five others were arrested on 20th August. 1975, for the alleged contraven­tion of the provisions of R.43 of the De­fence and Internal Security of India Rules, 1971 (hereinafter referred to as the Rules) and S.188 of the I.P.C. Relying on proviso (a) to sub-s.(2) of S.167 of the Cr. P.C., 1973, they applied for their re­lease on the ground that they had been under detention for more than 60 days. The relief claimed by them was rejected by the learned Sessions Judge, Patiala. Feeling aggrieved they moved this court under S.439 of the Code, read with R.184 of the Rules. Before Gujral J. (as he then was) their petition was opposed on behalf of the State on the ground that R.184 disentitled them. The question referred to the Full Bench by the learned Judge is:-

"Whether where the provisions of pro­viso (a) to S.167(2) of the Cr. P.C. come into operation the detention can be allow­ed to continue even after the period of sixty days in view of the provisions of R.184 of the Rules."

2. Sub-section (2) of S.4 of the Code provides that all offences under any law, other than the I.P.C., shall be investigated, enquired into, tried, and otherwise deal