Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Fodder Scam: Constitution of India: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Fodder Scam: Constitution of India: Art. 20(2) -- Code of Criminal Procedure, 1973 - s. 300- On facts, large scale defalcation of public funds, fraudulent transactions and fabrication of accounts in Animal Husbandry Department of State of Bihm· popularly known as fodder scam - Investigation by CBI regarding corruption in public administration, misconduct by bureaucracy, fabrication of official records, misappropriation of public funds by independent agency - Conviction of three in one of the criminal cases arising out of fodder scam - Quashing of, by the High Court, applying Art. 20(2) and s.300 CrPC on the ground that they have been convicted in one of the cases for offences involving same ingredients with respect to Chaibasa treasury - Held: Though there is one general conspiracy, offences are distinct for different periods - Defalcations are from different treasuries for different financial years by exceeding the amount of each year which was allocated for Animal Husbandry Department - Amount involved is different, fake vouchers, fake allotment letters, fake supply orders had been prepared with the help of different sets of accused persons - Separate charges for distinct offences must be framed separately and they cannot be clubbed together for more than one year - Thus, the di-der passed by the High Court is set aside.Art. 20(2) - Scope of - Held: No person to be prosecuted and punished for the same offence more than once - This is called doctrine of double jeopardy - Constitution bars double punishment for the same offence - Conviction for such offence does not bar for subsequent trial and conviction for another offence and it does not matter even if some ingredients of these two offences are common. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2017 INSC 452 |
Petitioner | State Of Jharkhand Through Sp, Cbi |
Respondent | Lalu Prasad @ Lalu Prasad Y Aday |
SCR | [2017] 3 S.C.R. 630 |
Judgement Date | 2017-05-08 |
Case Number | 394 |
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