Judgment

KHANNA, J.:- This appeal by special leave is against the judgment of the Andhra Pradesh High Court dismissing the appeal filed by the appellants.

2. The appellants were convicted by the Additional Sessions Judge Visakhapatnam for offences under Ss. 147, 148 and 352, I.P.C. Some of the appellants were also convicted for offences under S.5 of the Explosive Substances Act and S.25 of the Indian Arms Act. They were sentenced to various items of imprisonment and the sentences were ordered to run concurrently. The total sentence of imprisonment to be undergone by some of the appellants was two years while in the case of the other appellants was one year. The appellants went up in appeal to the High Court against the judgment of the trial Court. The High Court referred to the fact that the appellants had been in custody during the course of the investigation, inquiry and trial, for about two years. The appellants were held entitled under S.428 of the Code of Criminal Procedure, 1973 to set off the period of detention against the sentence of imprisonment imposed upon them. The High Court in view of the above dismissed the appeal after observing that it was unnecessary to go into the