Latest SC judgment on NDPS

Lawyer

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 :-)

 

www.supremecourtofindia.nic.in

 
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Advocate

Thanks Sir.

 
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Lawyer

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.

 
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Legal Consultant

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

 
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