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.