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PRINCIPLE: Doctrine of Double jeopardy: No person shall be prosecuted and punished for the same offence twice.
FACT: Maqbool brought some gold into India without making any declaration to custom department on the airport. The custom authorities confiscated the gold under the sea customs act. Maqbool was later charged for having committed an offence under Foreign Exchange Regulation Act.
He cannot be prosecute because it would amount to double jeopardy.
He can be prosecuted because confiscation of good by custom authorities does not amount to prosecution by the court.
Maqbool ought to have known that he can be stopped by the custom authorities.
None of the above.
Doctrine of Double Jeopardy means that nobody can bepunished and prosecuted for the same offence twice. Confiscation of gold does not amount to either prosecution or punishment. Only judicial proceedings come within the ambit of Article 20 of the Constitution.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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