AIR 1982 SUPREME COURT 791 ::1982 Cri App R (SC) 86 ::(1982) MahLR 164 ::1982 (1) SCC 507 ::1982 UJ (SC) 166 ::(1982) AllCriC 155 ::(1982) Mad LJ(Cri) 334 ::1982 SCC(Cri) 265 ::1982 CriLR(SC MAH GUJ) 61 ::1982 (1) APLJ 13 ::1982 (2) Bom CR 325 ::1982 BBCJ 102 ::(1982) Guj LH 600 ::(1982) 1 SCJ 200 ::1982 ALLAPPCAS (Cri) 86

Supreme Court Of India

Hon'ble Judge(s): O. Chinnappa Reddy, A. P. Sen, Baharul Islam , JJJ

Criminal P.C. (2 of 1974) , S.428— Acquittal of accused by High Court - Acquitted accused in preventive detention - Conviction of said accused in appeal by special leave - Detention, neither as one pursuant to conviction, nor as that of undertrial - Period of detention could not be set off under S. 428. Constitution of India , Art.136— When in appeal against his conviction on various charges, the accused person was acquitted by High Court, but he was detained under preventive detention under orders passed subsequent to his acquittal, on conviction of the said accused person in appeal by special leave by State there could be no question of the detention being considered as detention pursuant to conviction; nor could the detention be treated as that of an undertrial. It is only in circumstances where the prisoner would have unquestionably been in detention in connection with a criminal case if he had not been preventively detained, his preventive detention might be reckoned as detention as an undertrial prisoner or detention pursuant to condition, for the purposes of S. 428 Criminal P. C. Therefore, in this case the periods during which the said accused was in preventive detention could not be set off under S. 428, Cr. P. C. AIR 1977 SC 1096, Dist.(Para 4) .....