I was punished twice for one Siliguri offence; does Article 20 protect me?

Detailed Legal Analysis

Article 20(2) bars double jeopardy, which means no person shall be prosecuted and punished for the same offence more than once. The protection applies only where the person has been prosecuted and punished by a court or tribunal for the same offence.

File a writ petition under Article 226 in the Calcutta High Court to quash the second prosecution if it is for the same offence and on the same facts. The court will examine whether the two prosecutions are for the same offence and whether the first ended in a conviction.

West Bengal Premises Tenancy Act 1997 cannot authorise a second punishment for the same offence, since Article 20(2) overrides any state enactment. Preserve the first conviction order, the second FIR and the charge sheets in Siliguri.

The court can quash the second prosecution and direct the refund of any fine paid twice.