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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