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Supreme Court of India

Maqbool Hussain v. The State of Bombay

Neutral citation
Bench Patanjali Sastri C, Mukherjea, S. R. Das, Ghulam Hasan and Bhagwati JJ.
Decided 17 April 1953

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

40 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the Sea Customs Autho­ rities are not a judicial tribunal and the adjudging of confiscation, increased rate of duty or penalty under the provisions of the Sea Customs Act do not consti­ tute a judgment or order of a court or judicial tribu­ nal necessary for the purpose of supporting a plea of double jeopardy.

Judgment, page 14

From the headnote

Constitution of India, 1B50, Art. 20(2)-Fundamental rights­ ".htre fois acquit"-When subsequent prosecution barred-Confis­ cation of goods by Sea Customs Authorities·- Whether bars prosecution u11de1· Foreign Exchange Regulation Act-Punishment by Jail Superintendent under Jail Rules - Whether bars prosecntion under Penal Gode-Sea Customs Act (VIII of 1878), s.167-Foreign Ex­ cha1'ge Regulation Act (VII of 1947), s. 23-Punjab Communist Detenus Rules, Rule 41.

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 39 mentioned

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