Question

PRINCIPLE: Doctrine of Double Jeopardy: No person shall be prosecuted and punished for the same offence twice.
FACTS: 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.

• A. He cannot be prosecuted because it would amount to double jeopardy
• B. He can be prosecuted because confiscation of goods by custom authorities does not amount to prosecution by The Court
• C. Maqbool ought to have known that he can be stopped by the custom authorities
• D. None of the above

Answer 1

Answer: (B)

He can be prosecuted because confiscation of goods by custom authorities does not amount to prosecution by The Court

The principle is enshrined in Article 20 of the Indian Constitution as the doctrine of Double Jeopardy. It means that no person should be prosecuted and punished for the same offence more than once.

Maqbool was not prosecuted by the Court only the gold was confiscated under the Sea Customs Act by the Customs Authorities it does not amount to prosecution by the Court. Also, the confiscation was under the Sea Customs Act and the charges levied on Maqbool were under Foreign Exchange Regulation Act.

Therefore, he can be prosecuted.

Hence, B is the correct option.