JUDGMENT ORAL

S.T. Kharche, J. — Rule. Rule taken up for final hearing with the consent of the parties.

2. The short and important ques-tion which requires consideration in this petition is; whether the petitioner prisoner who is undergoing imprison-ment on his conviction by the Security Force Court for the offence under section 302 of the Indian Penal Code and under section 46 of the Border Security Force Act. 1968 (for short, the B.S.F. Act) is entitled to set off for the period he has undergone detention as an under-trial prisoner, before the date of conviction.

3. The petitioner was working as Hawaldar (Constable) in Border Security Force. He was posted at Putshahi village, District Kupwada (J and K) in the year 1991 and was performing internal security duty. He was a member of 132 Battalion Border Security Force. He was put on for the trial for the offence punishable under section 302 of the Indian Penal Code and section 46 of the B.S.F. Act. Consequent upon his prosecution, he was found guilty and was convicted by the General Security Court and was sentenced to undergo life imprisonment and also directed his dismissal from his service vide order dated 17-7-1992. The petit