CHAMPALAL POONJAJI SHAH vs STATE OF MAHARASHTRA

The Supreme Court dismissed the review and writ petition, clarifying that the petitioner was not entitled to a 'set off' for the periods of preventive detention under the Maintenance of Internal Security Act and the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against his sentence. The Court reiterated that Section 428 of the Code of Criminal Procedure, 1973 does not include preventive detention periods for 'set off' unless the detention was in connection with the same criminal case. Since the petitioner was acquitted before the detention orders, his preventive detention could not be considered as detention pursuant to conviction or as an undertrial prisoner under Section 428.