AJMER SINGH ETC. ETC. vs UNION OF INDIA & ORS.

The Supreme Court held that Section 428 of the Code of Criminal Procedure, 1973 does not apply to individuals convicted by a Court-Martial under the Army Act, 1950. The Court emphasized that the Army Act constitutes a self-contained code governing military trials, and Section 167 of the Army Act specifies that the term of imprisonment begins on the signing of the proceedings by the Presiding Officer. Consequently, the appeals for set-off of detention period were dismissed as the Army Act provides clear provisions regarding the commencement of sentences, rendering the Code inapplicable in this context.