Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Criminal Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950 - Art. 20(2) - Code of Criminal Procedure, 1973 - s.300(1) - Contraband item, allegedly smuggled out of India by appellant and others, seized in USA - Appellant arrested in Vienna and extradited to USA - Convicted under Title 21, United States Code (USC) Controlled Substances Act with sentence for 54 months - After serving the sentence, appellant deported to India whereupon he was arrested and remanded to judicial custody - Complaint against appellant by Narcotics Control Bureau - Plea of appellant that proceedings against him in India would amount to double jeopardy - Held: Not tenable - Offences for which appellant was tried and convicted in USA and for which he was being tried in India, were distinct and separate and did not, therefore, attract either the provisions of s.300(1) CrPC or Art.20(2) of Constitution -Appe{lant was tried in USA in respect of a charge of conspiracy to possess a controlled substance with intention of distributing the same, whereas in India he was being tried for offences relating to importation of contraband article from Nepal into India and exporting the same for sale in USA - While the first part of charges attracted s.846 read with s.841 of Title 21 USC Controlled Substances Act, the latter part, being offences under the NDPS Act was triable and punishable in India - Narcotic Drugs and Psychotropic Substances Act, 1985 - ss.29, 20, 23, 27A, 24 rlw s.8(c), 12- Penal Code, 1860- ss.3 and 4 - Criminal Law - Double jeopardy. A consignment of Hashish seized in USA, was allegedly smuggled out of India by appellant and two others. The appellant was arrested in Vienna, Austria and extradited to the USA and thereafter tried before the District Court at Michigan, USA. On pleading guilty of the charge of conspiracy to possess with intention to distribute controlled substances, which is an offence under Section 846 of Title 21, United States Code (USC) Controlled Substances Act, the appellant was sentenced to imprisonment for a total term of 54 months. After serving out the aforesaid sentence, the appellant was deported to India and on his arrival at New Delhi, he was arrested by officers of the NCB and remanded to judicial custody. The Special Judge, Mumbai rejected the contention of appellant that proceedings against him in India would amount to double jeopardy. The NCB filed a complaint against the appellant in the Court of Special Judge, Mumbai. Appellant filed Criminal Writ Petition praying for quashing of the said complaint. The High Court dismissed the writ petition holding that the ingredients of the offences with which the appellant had been charged in India were totally different from the offences with which he had been charged and punished in the USA. The High Court held that merely because the same set of facts gives rise to different offences in India under the NDPS Act and in the USA under its drug laws, the Special Judge, Mumbai was not debarred from dealing with matters which attracted the provisions of the local laws and the application of principle of double jeopardy was not available in the facts of the present case. Hence the present appeal. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2009 INSC 100 |
Petitioner | Jitendra Panchal |
Respondent | Intelligence Officer, Ncb & Anr. |
SCR | [2009] 1 S.C.R. 842 |
Judgement Date | 2009-02-03 |
Case Number | 1660 |
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