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.