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2017 Supreme(Del) 581

SANJIV KHANNA, CHANDER SHEKHAR
TARIQ ALI KHAN – Appellant
Versus
GOVT. OF NCT OF DELHI – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sourabh Ahuja
For the Respondents: Mr. Satyakam, Mr. Navin Jakhar

JUDGMENT :

SANJIV KHANNA, J.

The petitioner-Tariq Ali Khan in the present writ petition impugns the order dated 11.09.2014 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 747/2008 rejecting the plea of double jeopardy as untenable.

2. The petitioner, a Sub-Inspector in the Delhi Police, was posted in the departure wing of the International Airport on 11th September, 1998, the date on which the incident leading to the present controversy took place. FIR No. 433/1998 was registered against the petitioner at the Police Station, Indira Gandhi International Airport.

3. By judgment dated 12th February, 2007, the petitioner was convicted under Section 384 of the Indian Penal Code, 1860 (IPC, for short).This judgment refers to the statement of Era Gupta and Deepak Gupta, who had deposed as PW-2 and PW-3, respectively. Era Gupta and her husband Deepak Gupta were travelling to Mauritius, and after collecting the boarding passes from the Airline’s counter and filling up the embarkation form, had proceeded for immigration check. The petitioner, who was stationed at the immigration desk, had questioned Deepak Gupta as to the number of dollars he was carrying and



































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