PARSHOTAM LAL Vs. STATE AND ORS.

JUDGEMENT

(1.) The petitioner seeks quashment of the order dated 26.11.2015 passed by the Court 1st Additional Sessions Judge Jammu in terms whereof clarification vis   -vis custody period of petitioner (convict prisoner) has been issued.

(2.) The question for determination in essence is as to whether total period of detention during investigation, enquiry and trial in connection with two separate criminal cases against the petitioner and the period of detention undergone under Public Safety Act 'for short PSA' shall be counted for the purposes of period of sentence of 10 years rigorous imprisonment awarded by the trial Court (1st Additional Sessions Judge Jammu) upheld by High Court. The answer has to be in negative.

(3.) Petitioner -Parshotam Lal was arrested on 09.08.1989 by Superintendent, Customs Preventive Station RS Pura for commission of offence under Ss. 20/22 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'. He was released on bail on 01.09.1989.