9911796707
TMI Blog1991 (7) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 135(l)(i) of the Customs Act and Sec. 85(l)(a) of the Gold (Control) Act. They were found guilty by the trial Court and were convicted and sentenced to suffer rigorous imprisonment for one year for each of the two offences besides a fine of Rs. 25,000/ and in default of payment of fine there is direction to suffer simple imprisonment for six months more. They filed Crl. A. 69 of 1987 before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Sec. 428 of the Crl. P.C. for the period during which they were detained under the COFEPOSA. The only question to be considered in this revision is as to whether the revision petitioners are entitled to set off during 19-6-1984 to 19-6-1985. It is admitted that during this period revision petitioners were detained in the Central Prison, Trivandrum under COFEPOSA. Counsel for the Revision Petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Addl. Chief Judicial Magistrate wrote to the Superintendent of the Central Prison that as their release from the jail under COFEPOSA falls on 19-6-1985 the bail bonds may be got executed by them and the bonds be returned to his Court. Counsel relied on this communication to show that the revision petitioners were undertrial prisoners during the time when they were detained under COFEPOSA. Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19-6-1985. It was during this period that the investigation of the customs case (O.R. 5 of 1984 which has been refiled as O.R. 14 of 1985) was being conducted. S. 428 of the Cr. P.C. provides that where an accused person has on conviction been sentenced to imprisonment for a term (not being imprisonment in default of payment of fine) the period of detention, if any, undergone by him during the inv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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