O.CHHINNAPPA REDDY, A.P.SEN, BAHARUL ISLAM
Champalal Punjaji Shah – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
O. CHINNAPPA REDDY, J.:— This petition for review and the petition for issue of Writ under Art. 32 were argued by Shri Jethmalani with, what appeared to us to be more than his customary vehemence and emotion. Nonetheless, we confess, we are not impressed.
2. By our judgment dated Aug. 12, 1981 (reported in AIR 1981 SC 1675), we had set aside the judgment of acquittal passed by the High Court of Bombay and restored that of the learned Additional Chief Presidency Magistrate, 8th Court, Esplanade, Bombay, convicting the petitioner under different heads of charges and sentencing him to suffer imprisonment for various terms ranging from two years to four years and to the payment of fine of Rs. 10,000/- on each of different counts. Shri Jethmalani contended that though he had argued that the period during which the petitioner had been preventively detained under the Maintenance of Internal Security Act and the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act should be set off against the sentence of imprisonment imposed upon him, we had not touched upon the point. He also drew our attention to a reference to set off in the written submissions given to
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