Long term gain on equity shares

If a person was working in US and invested in some equity shares say 3 years back (> 1 year) and now wants to sell them from india, will he/she will be applicable to taxes in india or in US? Considering following facts:

1. He/She is not eaning in US as s/he moved to india and is paying indian tax returns for 1-2 years?

2. Hold an NRE account and can deposit the $ amount in the account?

thanks

sunil