Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India – Art.20(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India – Art.20(2) – Principle of doublejeopardy – When not applicable – Case registered against therespondent-accused u/s.13(1)(c)(d)(e) r/w s.13(2), 1988 Act ands.409,IPC– Special Court discharged the accused/respondent dueto lack of proper sanction and closed the case– Subsequently,Governor in supersession of the earlier order granted sanction forprosecution of the respondent – Supplementary charge sheet alongwith fresh prosecution sanction against the respondent submittedfor reopening the case – Dismissed on the ground that it was barredby the principle of “double jeopardy” – Propriety of – Held: Sincethe earlier order of sanction was found to be invalid, there is nobar for the competent authority to issue a proper order of sanctionfor prosecution – Unless there is failure of justice on account oferror, omission or irregularity in grant of sanction for prosecution,the proceedings under the 1988 Act could not be vitiated – Byfiling fresh charge sheet, no prejudice is caused to the respondentnor would it result in failure of justice to be barred under theprinciple of “double jeopardy” – Under Art.20(2), no person shallbe prosecuted and punished for the same offence more than once –Basis of s.300(1), CrPC is that the person who was tried by acompetent court, once acquitted or convicted, cannot be tried forthe same offence – However, in the case in hand, the respondentwas not tried as he was discharged due to lack of proper sanctioneven before commencement of trial– Where the accused has notbeen tried at all and convicted or acquitted, the principle of “doublejeopardy” cannot be invoked at all – Thus, when the respondentwas so discharged due to lack of proper sanction, the principle of“double jeopardy” will not apply – There was no bar for filingfresh/supplementary charge sheet after obtaining valid sanction forprosecution – Special Court and the High Court were not right inholding that the filing of the fresh charge sheet with proper sanctionorder for prosecution was barred under the principle of “doublejeopardy”– Impugned judgment set aside – Special Court to takecognizance of the charge sheet dated 30.01.2014 and proceed inaccordance with law – Prevention of Corruption Act, 1988 –s.13(1)(c)(d)(e) r/w s.13(2) – Penal Code, 1860– s.409– Code ofCriminal Procedure, 1973– s.300(1).69 Prevention of Corruption Act, 1988 – s.19(3) and (4) –Discussed |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 1019 |
Petitioner | State Of Mizoram |
Respondent | Dr. C. Sangnghina |
SCR | [2018] 14 S.C.R. 68 |
Judgement Date | 2018-10-30 |
Case Number | 1322 |
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