Supreme Court · 2003 INSC 20 · Decided 17 January 2003

Maliyakkal Abdul Azeez v. Assistant Collector, Kerala and ANR.

Court
Supreme Court of India
Citation
2003 INSC 20 · [2003] 1 S.C.R. 423
Case number
Criminal Miscellaneous Petition No. 9478/2002
Decided
17 January 2003
Bench
SHIVARAJ V. PATIL, ARIJIT PASAYAT (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
CrPC Section 428; Customs Act Section 135(1)

Headnote

B Code of Criminal Procedure, 1973: s. 428-&t off -Accused sentenced to imprisonment for offence under s.135(/) of Customs Act, 1962-Claiming set off of the period of detention C undergone by him under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1973-High Court was not to be considered as detention for the purpose of the criminal case-Special leave petition by accused-Held, s. 428 postulates two requisites: (i) during the stage of D investigation, inquiry or trial of a particular case, the prisoner should have been in jail at least for a certain period

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