Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1987 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1987 (4) TMI 477 - SC - Indian LawsWhether the period of parole has to be excluded in reckoning the period of detention under sub-section (1) of section 3 of the Act? Held that:- The legislative scheme, keeping the purpose of the statute and the manner of its fulfilment provided thereunder, would not justify entertaining of an application for release of a detenu on parole. Since in our view release on parole is not a matter of judicial determination, apparently no provision as contained in the Code of Criminal Procedure relating to the computation of the period of bail was thought necessary in the Act. But we would like to point out to the Government the desirability of inserting a provision like sub-s.(4) of s. 389 of the Code of Criminal Procedure, 1973 that when an action is taken under section 12 of the Act and the appropriate Government makes a temporary release order, the period of such temporary release whether on bail or parole has to be excluded in computing the period of detention. Either the statute or the rules made thereunder should provide for this eventuality. In the premises, it must accordingly be held that the period of parole has to be excluded in reckoning the period of detention under sub-section (1) of section 3 of the Act. The only contention advanced by Shri Jethmalani in course of the hearing, namely, that the period of parole from May 15, 1986 to February 28, 1987 could not be added to the maximum period of detention of the detenu Shital Kumar for one year as specified in the impugned order of detention passed under sub-s.(1) of s. 3 of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974, must fail.
|