S. K. BHATTACHARYYA, SUDHAMAY BASU

( 1 ) THIS is a petition by the appellant of Criminal Appeal No. 2 of 1970 (Suprovat Bose v. The State of West Bengal) to set off the period of detention undergone by him during investigation and trial against the term of imprisonment imposed upon him, in accordance with section 428 Cr. P. C.

( 2 ) SECTION 428 of the Code of Criminal Procedure, 1973 is as follows: ?whether the accused person has, on conviction, been sentenced to imprisonment for a term the period of detention, if any, undergone by him during investigation, enquiry or trial of the same case and before the date of such conviction, shall be set off against the terms of imprisonment imposed on him on such conviction and the liability of such persons who undergo imprisonment on such conviction shall be restricted to the remainders, if any, of the terms of imprisonment imposed on him. ?

( 3 ) THE Supreme Court, in the case of (1) B. P. Andre v. The Superintendent, Central Jail Tihar Jail, New Delhi and another reported in AIR 1975 SC 164 specifically held that where the accused person has been convicted and is still serving his sentence at the date when the new Code of Criminal Procedu

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