AJIT KUMAR, ETC. vs UNION OF INDIA AND OTHERS ETC.

The Supreme Court ruled that Section 428 of the Code of Criminal Procedure does not apply to the petitioners convicted under the Army Act, 1950, as their cases were not investigated under the Code. The Court emphasized that the Army Act provides a special procedure for court martial and that the petitioners, despite being in civil prisons, are not entitled to a set off under Section 428. The Court held that the petitioners may be eligible for remissions under jail manuals but not for the benefits of the Code of Criminal Procedure.