Supreme Court of India · 1957-10-31
LEO ROY FREY vs THE SUPERINTENDENT, DISTRICT JAIL,AMRITSAR, AND ANOTHER(an
- Citation / case number
- SC 1957/60145
- Court
- Supreme Court of India
- Petitioner
- LEO ROY FREY
- Respondent
- THE SUPERINTENDENT, DISTRICT JAIL,AMRITSAR, AND ANOTHER(an
- Bench
- DAS, SUDHI RANJAN (CJ),AIYYAR, T.L. VENKATARAMA,DAS, S.K.,SARKAR, A.K.,BOSE, VIVIAN
Judgment text excerpt
The Supreme Court held that the petitioners, found guilty under Section 167(8) of the Sea Customs Act, could not invoke Article 20(2) of the Constitution to avoid prosecution for criminal conspiracy under Section 120B IPC after penalties were imposed. The Court clarified that the judicial nature of the Collector's actions does not prevent further punishment under other laws. The petitions for writs of certiorari and habeas corpus were dismissed, affirming that separate charges for conspiracy are valid and do not violate double jeopardy protections.