Reviewed case brief

Maqbool Hussain v State of Bombay

AIR 1953 SC 325

AIR 1953 SC 325 · Supreme Court of India

article-20-2double-jeopardycourt-or-judicial-tribunalsea-customs-actconfiscation
Court
Supreme Court of India
Year
1953
Subjects
Constitutional Law I
Reviewed
2026-08-02

Rule established

Proceedings before a Sea Customs authority, resulting in confiscation of goods, do not amount to a 'prosecution' before a 'court or judicial tribunal' for Art.20(2); therefore, a subsequent criminal prosecution for the same conduct does not violate double jeopardy protection.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        AIR 1953 SC 325; foundational authority defining 'prosecution' before a 'court or judicial tribunal' under Art.20(2)

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.