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Kiran Kumar (Lawyer)     05 August 2009

Latest SC judgment on NDPS

Hon'ble SC has given a judgment in a case titled as:

Jitendra Panchal v/s Intelligence Officer, NCB and Anr.

Criminal Appeal No. 1660 of 2007 decided on 03.02.2009


SC says (in para no. 26 & 27)


Accused smuggling Hashsish from Nepal to India and thereafter smuggling the same to USA- Accused arrested in USA and convicted under Narcotic Act of USA on charge of conspiracy to possess with intention to distribute the Narcotic and sentenced to 54 months imprisonment- after serving the sentence, the accused deported to India-accused arrested in India and sent for trial on charge of offence possession and export to USA - NOT ILLEGAL.


two aspects are involved here one is that of territorial jurisdiction and other is that of double jeopardy.


pls read the judgment and leave ur comments :-)


 3 Replies

Ziaul Haque Ansari (Advocate)     05 August 2009

Thanks Sir.

Kiran Kumar (Lawyer)     05 August 2009

Ansari Sahib khaali thanks se kaam mat chalao.


i get a lot many thanks every day....i need comment and observation with respect to judgment.


thats why i put it in forum for discussion.

S.B.adil rahman (Legal Consultant )     23 August 2009

Definitely not. How can a man be tried for the same offence twice? 

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