GOVT. OF ANDHRA PRADESH & ANR. ETC. vs ANNE VENKATESWARE ETC. ETC.

The Supreme Court held that Section 428 of the Code of Criminal Procedure, 1973, does not equate undertrial detention or remand detention with imprisonment on conviction for remission purposes. The Court clarified that the period of detention referred to in Section 428 is specific to the time spent in detention during investigation, enquiry, or trial for the same case in which the accused is convicted. Consequently, the time spent in preventive detention cannot be set off against the term of imprisonment imposed on conviction, affirming the High Court's rejection of the petitioners' contention regarding set off but allowing for the benefit of remission under Section 418.