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PETITIONER: THOMAS DANA
Vs.
RESPONDENT: THE STATE OF PUNJAB(and connected appeal)
DATE OF JUDGMENT: 04/11/1958
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. SUBBARAO, K. WANCHOO, K.N.
CITATION: 1959 AIR 375 1959 SCR Supl. (1) 274 CITATOR INFO : R 1961 SC 29 (22) RF 1961 SC 663 (8) R 1962 SC 276 (12,22) R 1964 SC1140 (9) F 1970 SC 962 (7) RF 1971 SC 44 (31) RF 1972 SC 648 (8)
ACT: Sea Customs-Confiscation of goods and imposition of penalty by Collector of Customs-subsequent conviction and sentence by Magistrate, if violative of fundamental right to protection against double jeopardy-Constitution of India, Art. 20(2)-Sea Customs Act, 1878 (8 of 1878), ss..167(8) and 167(81).
HEADNOTE: The two petitioners were apprehended while attempting to smuggle a huge amount of Indian and foreign currency and other contraband goods out of India and the Collector of Central Excise and Land Customs passed orders confiscating the seized goods and imposing heavy personal penalties on both of them under 275 s. 167(8) of the Sea Customs Act. On a subsequent complaint made by the Customs Authorities on the same facts, the petitioners were convicted and sentenced ...