( 1 ) THE question which has been referred to this Division Bench by one of us (V. D. Misra, J.) is "whether a person undergoing imprisonment after being convicted under the Air Force Act- 1950, can be allowed to set off the period of pre-trial detention against the sentence of imprisonment ?"

( 2 ) F. R. Jesuratnam (the petitioner), who was a Squadroni Leader, was placed under close arrest under the Air Force Act, 1950 (herein after called the Act) on 9-11-1974. He was tried by a General Court Martial which sentenced him to six months rigorous imprisonment on 4-3-1975. The sentence was duly confirmed under section 152 of the Act by the Chief of Air Staff on 8-4-19 75. The petitioner was thereafter sent to Tihar Jail for serving the sentence awarded to him.

( 3 ) ACCORDING to section 164 of the Act, the "sentence shall, whether it has been revised or not, be reckone d to commence on the day on which the original proceedings were signed by the presiding officer". The sentence awarded to the petitioner, therefore, commenced to run on 4-3-1975.

( 4 ) THE contention of the petitioner is that the period of his detention from 9-11-1974 to 4-3-1975 should be set off again