1. The simple question for consideration in this petition under S.482 of the Code of Criminal Procedure is whether under any circumstance the period of preventive detention could be set off under S.428 of the Code against the term of imprisonment imposed on a person.

2. Petitioners were arrested in connection with an offence punishable under S.135(1)(i) of the Customs Act, 1962 and they were in judicial custody ever since on the basis of orders of remand by the Additional Chief Judicial Magistrate, Economic Offences, Ernakulam. Thereafter the complaint filed by the Assistant Collector, Central Excise. Trivandrum against them and seven others was taken to file by the Magistrate as C.C. 71/85. While they were thus in judicial custody pending investigation and subsequently pending trial orders were issued against them under S.3 of the COFEPOSA and served on 17-6-1985. They were ordered to be in preventive detention in the same Central Prison. While so their trial in C.C. 71/85 was being continued and they were being periodically produced in court and remanded. Finally on 3-3-1986 they were convicted and sentenced to imprisonment for two years each judgment provided that the