Supreme Court of India · 1953-04-17
MAQBOOL HUSSAIN vs THE STATE OF BOMBAY.JAGJIT SINGHV.THE STATE OF PUNJAB.VIDY
- Citation / case number
- SC 1952/57
- Court
- Supreme Court of India
- Petitioner
- MAQBOOL HUSSAIN
- Respondent
- THE STATE OF BOMBAY.JAGJIT SINGHV.THE STATE OF PUNJAB.VIDY
- Bench
- SASTRI, M. PATANJALI (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.
Judgment text excerpt
The Supreme Court interpreted Article 20(2) of the Constitution, clarifying that 'prosecution' refers to criminal proceedings before a court. It held that proceedings by Sea Customs Authorities under Section 167 of the Sea Customs Act do not constitute a 'prosecution' that bars subsequent prosecution under Section 23 of the Foreign Exchange Regulation Act. Additionally, it ruled that actions taken by the Jail Superintendent under the Punjab Communist Detenus Rules do not amount to prosecution, allowing for further prosecution under the Indian Penal Code for jail offences.