MALIYAKKAL ABDUL AZEEZ Vs. ASSISTANT COLLECTOR KERALA
LAWS(SC)-2003-1-118
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on
January 17,2003
MALIYAKKAL ABDUL AZEEZ
Appellant
VERSUS
ASSISTANT COLLECTOR,KERALA
Respondents
Referred Judgements :-
REX V. HALLIDAY [REFERRED TO]GOVERNMENT OF ANDHRA PRADESH VS. ANNE VENKATESWARE [REFERRED TO]
CHAMPALAL PUNJAJI SHAH VS. STATE OF MAHARASHTRA [REFERRED TO]
KUBICDARUSZ VS. UNION OF INDIA [REFERRED TO]
STATE OF MAHARASHTRA VS. NAJAKAT ALIA MUBARAK ALI [REFERRED TO]
Cited Judgements :-
C.K.MOOSA VS. ASST.COLLECTOR,SPECIAL CUSTOMS PREVENTIV SPECIAL CUSTOMS PREVENTIVE DIVISION [LAWS(KER)-2020-1-37] [REFERRED TO]ATUL MANUBHAI PAREKH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(SC)-2009-11-78] [REFERRED TO]
KALIM AHMED VS. STATE OF GUJARAT [LAWS(GJH)-2012-2-555] [REFERRED TO]
K V CHACKO VS. STATE OF KERALA [LAWS(KER)-2003-4-39] [REFERRED TO]
KAVIYARASAN VS. SUPERINTENDENT OF PRISON, CENTRAL PRISON [LAWS(MAD)-2021-1-198] [REFERRED TO]
SAQUIB ABDUL HAMID NACHAN VS. SUPERINTENDENT, CENTRAL JAIL [LAWS(BOM)-2017-5-122] [REFERRED TO]
PRABHU SAH VS. STATE OF BIHAR [LAWS(PAT)-2011-10-36] [REFERRED TO]
SHANMUGAPRIYA VS. SECRETARY TO GOVERNMENT, HOME, PROHIBITION & EXCISE DEPARTMENT [LAWS(MAD)-2018-4-671] [REFERRED TO]
SUPERINTENDENT OF PRISON VS. VENKATESAN [LAWS(SC)-2025-4-103] [REFERRED TO]
ALLAN JOHN WATERS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-3-33] [REFERRED TO]
BUTAN SAH VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2014-7-73] [REFERRED TO]
JACOB CHACKO THEKETALA VS. STATE OF TAMIL NADU [LAWS(MAD)-2010-6-86] [REFERRED TO]
JUDGEMENT
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(1.)Delay condoned.
(2.)Though this is not a case which deserves grant of leave to prefer appeal, we think it appropriate to dispose of the petition with a reasoned order as many cases involving similar issues are being filed.
(3.)According to the petitioner, he is entitled to set off as provided under Section 428 of the Code of Criminal Procedure, 1973 (in short the Code) for the period of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short COFEPOSA), since the detention was quashed by the Delhi High Court. Reliance is placed on 3 decision of this Court in State of Maharashtra and Another vs. Najakat Alias Mubarak Ali (2001) 6 SCC 311) to contend that the period is available to be set off against the period of sentence imposed on conviction under Section 135(1) of the Customs Act, 1962 (in short the Customs Act).
(2.)Though this is not a case which deserves grant of leave to prefer appeal, we think it appropriate to dispose of the petition with a reasoned order as many cases involving similar issues are being filed.
(3.)According to the petitioner, he is entitled to set off as provided under Section 428 of the Code of Criminal Procedure, 1973 (in short the Code) for the period of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short COFEPOSA), since the detention was quashed by the Delhi High Court. Reliance is placed on 3 decision of this Court in State of Maharashtra and Another vs. Najakat Alias Mubarak Ali (2001) 6 SCC 311) to contend that the period is available to be set off against the period of sentence imposed on conviction under Section 135(1) of the Customs Act, 1962 (in short the Customs Act).
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