Indian convicted in US can be tried again in country: SC

New Delhi, Feb 5 (PTI) An Indian citizen convicted in the US for a crime can again be subjected to trial in India if any of his alleged criminal acts is triable under the local laws, the Supreme Court has ruled. The apex court rejected Jitendra Panchal's plea that since he was already convicted and sentenced to imprisonment by a US Court for being in possession and distribution of "hashish", the Indian courts cannot try him under the Narcotics Drugs and Psychotropic Substances (NDPS) Act. "A person liable by any Indian law to be tried for any offence committed beyond India is to be dealt with under the provisions of the code (IPC 3 &4), having regard to the fact that the provisions of the code would also apply to any offence committed by any citizen of India in any place within and beyond India," a bench of Justices Altamas Kabir and Markandeya Katju observed. The bench passed the ruling while dismissing Panchal's plea that such a trial would amount to "double jeopardy" and was violative of Article 20 (2) of the Constitution and Section 300(1) of the CrPC. The term "double jeopardy" as provided under Article 20 (2) implies that a person cannot be convicted twice for the same offence. The same provision is also provided under Section 300(1) of the CrPC.

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