JUDGMENT

Altamas Kabir, J. —

1. This appeal raises an interesting legal conundrum involving the laws of the United States of America, hereinafter referred to as ‘the USA’, and the domestic laws as existing in India. At the heart of the controversy is the concept of double jeopardy within the meaning of Article 20(2) of the Constitution of India and Section 300(1) of the Code of Criminal Procedure, hereinafter referred to as ‘the Code’.

2. In order to appreciate the questions which have been posed in this appeal, it will be necessary to briefly set out the factual background in which they arise.

3. On 17th October, 2002, officers of the US Drug Enforcement Agency, along with officers of the Narcotics Bureau, India, seized a consignment of 1243 pounds equivalent to 565.2 Kgs. of Hashish in Newark, USA. During the investigation, it appears to have transpired that one Niranjan Shah and the appellant were engaged in trafficking Hashish out of India into the USA and Europe and that the seized contraband had been smuggled out of India by the appellant and the said Niranjan Shah along with one Kishore. The appellant was arrested in Vienna in Austria by officers of the Drug Enforcement Agen