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october 1968

Supreme Court of India · 1968-10-16

ASSISTANT COLLECTOR OF CUSTOMS & ANR vs U.L.R. MALWANI AND ANR.

Citation / case number
SC 1967/184
Court
Supreme Court of India
Petitioner
ASSISTANT COLLECTOR OF CUSTOMS & ANR
Respondent
U.L.R. MALWANI AND ANR.
Author
SHAHC.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.
Bench
SHAH, J.C.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.

Judgment text excerpt

The Supreme Court held that Article 20(2) of the Constitution protects an accused from being tried for the same offence after acquittal by a competent authority. The Court clarified that the principle of issue estoppel does not apply in this case, as the customs authority's decision did not constitute a trial by a court of competent jurisdiction. The Court upheld the High Court's directive to summon witness statements from the customs enquiry, emphasizing the necessity of these documents for a fair trial under Section 94 of the Code of Criminal Procedure.

ASSISTANT COLLECTOR OF CUSTOMS & ANR vs U.L.R. MALWANI AND ANR. · Niyam