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february 2009

Supreme Court of India · 2009-02-03

Jitendra Panchal vs Intelligence Officer, Ncb & Anr

Citation / case number
AIR 2009 SUPREME COURT 1938
Court
Supreme Court of India
Petitioner
Jitendra Panchal
Respondent
Intelligence Officer, Ncb & Anr
Author
Altamas Kabir
Bench
Altamas Kabir, Markandey Katju

Judgment text excerpt

The Supreme Court addressed the issue of double jeopardy under Article 20(2) of the Constitution of India and Section 300(1) of the Code of Criminal Procedure. The Court held that the appellant's prior conviction in the USA for conspiracy to possess controlled substances did not bar subsequent prosecution in India under the Narcotic Drugs and Psychotropic Substances Act, 1985, as the charges were distinct and not the same. The Court affirmed the lower courts' decisions rejecting the appellant's plea of double jeopardy, allowing the Indian proceedings to continue.

Jitendra Panchal vs Intelligence Officer, Ncb & Anr · Niyam