MALIYAKKAL ABDUL AZEEZ versus ASSISTANT COLLECTOR, KERALA AND ANR.

MALIYAKKAL ABDUL AZEEZ versus ASSISTANT COLLECTOR, KERALA AND ANR.

Period of detention under preventive detention laws like COFEPOSA cannot be set off under Section 428 CrPC against a criminal sentence; the provision only applies to detention undergone during investigation, inquiry, or trial of the same case.

Parties
Petitioner: Maliy Akkal Abdul Azeez; Respondents: Assistant Collector, Kerala and Anr.
Jurisdiction
India
Judgment Date
17 January 2003
Procedural Posture
Criminal Misc. Petition / Special Leave Petition
Outcome
Petition dismissed
Legal Topics
Set Off Under Section 428 Cr PC, Preventive Detention, Customs Offences
Criminal Law Set Off Under Section 428 Cr PC Preventive Detention Customs Offences

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Parties

Maliy Akkal Abdul Azeez

Petitioner

Assistant Collector, Kerala and Anr.

Respondents

Procedural Posture

Criminal Misc. Petition / Special Leave Petition

Legal Issues

  1. 1 Whether period of detention under COFEPOSA can be set off against sentence under Section 135(1) of Customs Act as per Section 428 of CrPC

Ratio Decidendi

Period of detention under preventive detention laws like COFEPOSA cannot be set off under Section 428 CrPC against a criminal sentence; the provision only applies to detention undergone during investigation, inquiry, or trial of the same case.

Court Disposition

Petition dismissed

Orders

  • Delay condoned
  • Petition dismissed