Question

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 the Customs 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 good 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

Hint:

Administrative actions like confiscation do not count as judicial punishments; hence separate legal proceedings are allowed.

Answer 1

The Correct Option is B

The doctrine of double jeopardy applies only when there is prosecution and punishment by a judicial process. In Maqbool’s case, the confiscation of goods was an administrative action by customs, not a criminal prosecution by a court. Hence, he can still be prosecuted under a separate statute for the same act without violating double jeopardy. \fbox{Final Answer: (B): He can be prosecuted}