New Delhi, Feb 05: An Indian citizen convicted in the US for a crime can again be subjected to trial in India if any of his alleged criminal acts is triable under the local laws, the Supreme Court has ruled.
The apex court rejected Jitendra Panchal's plea that
since he was already convicted and sentenced to imprisonment
by a US Court for being in possession and distribution of
"hashish", the Indian courts cannot try him under the
Narcotics Drugs and Psychotropic Substances (NDPS) Act.
"A person liable by any Indian law to be tried for any
offence committed beyond India is to be dealt with under the
provisions of the code (IPC 3 &4), having regard to the fact
that the provisions of the code would also apply to any
offence committed by any citizen of India in any place within
and beyond India," a bench of Justices Altamas Kabir and
Markandeya Katju observed.
The bench passed the ruling while dismissing Panchal's
plea that such a trial would amount to "double jeopardy" and
was violative of Article 20 (2) of the Constitution and
Section 300(1) of the CrPC.
The term "double jeopardy" as provided under Article
20 (2) implies that a person cannot be convicted twice for the
same offence. The same provision is also provided under
Section 300(1) of the CrPC.
In the instant case, Panchal was convicted and sentenced
to 54 months of imprisonment by a US court on June 27 2006 for
possessing 565.2 kg of "hashish" for distribution in the US.
After serving sentence in the US he was deported back to
India on April 5, 2007 after which the Narcotics Control
Bureau (NCB) chargesheeted him for importing drugs from Nepal
into India and then smuggling the same out of the country to
US for distribution in that country.
Panchal challenged his prosecution on the ground that
he had already been convicted and sentenced in the US and
hence could not be tried for the same offence as it would
amount to "double jeopardy."
The NCB took the plea that Panchal was convicted by
the US court for distribution of "hashish" in that country,
whereas in India he has to be tried for illegally importing
the harmful substance from Nepal into this country and
thereafter smuggling it to the US.
Agreeing with the NCB's argument, the Special Judge, NCB,
Mumbai, dismissed Panchal's argument and the Bombay High Court
refused to interfere with the order, following which he filed
the criminal appeal in the apex court.
Bureau Report
First Published: Thursday, February 05, 2009, 00:00