CHAMPALAL POONAJI SHAH versus STATE OF MAHARASHTRA

CHAMPALAL POONAJI SHAH versus STATE OF MAHARASHTRA

Since the petitioner was acquitted by the High Court before any of the orders of detention were made against him, the detention cannot be considered as detention pursuant to conviction or as that of an undertrial prisoner for the purposes of Section 428 CrPC.

Parties
Petitioner: Champalal Poonjaji Shah; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
27 January 1982
Procedural Posture
Writ Petition (criminal) No. 7207 of 1981 / Review Petition and Writ Petition Under Article 32 of the Constitution
Outcome
Petitions dismissed
Legal Topics
Set Off of Detention Against Sentence, Preventive Detention, Section 428 Cr PC
Criminal Law Preventive Detention Set Off of Detention Against Sentence Section 428 Cr PC

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 9 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Champalal Poonjaji Shah

Petitioner

State of Maharashtra

Respondent

Procedural Posture

Writ Petition (criminal) No. 7207 of 1981 / Review Petition and Writ Petition Under Article 32 of the Constitution

Legal Issues

  1. 1 Whether periods of preventive detention under MISA and COFEPOSA can be set off against sentence of imprisonment under Section 428, Code of Criminal Procedure 1973

Ratio Decidendi

Since the petitioner was acquitted by the High Court before any of the orders of detention were made against him, the detention cannot be considered as detention pursuant to conviction or as that of an undertrial prisoner for the purposes of Section 428 CrPC.

Court Disposition

Petitions dismissed

Orders

  • Review petition is dismissed.
  • Writ Petition is dismissed.