under MISA
and COFEPOSA. The other two who were in London were
extradited and brought
924
to India on 27-7-1977. An application filed ... release from detention,
to drop the proceedings against him, to cancel the
extradition warrants against his two brothers and to
discharge all the accused
ambit of the provisions of International Treaty
vis-a-vis the Extradition Act, 1962 is involved in the present appeal.
Background Facts
3. Appellant herein ... America made a formal
request to the Government of India for his extradition alleging that the
appellant had conspired in aiding and abetting the sale
Central Bureau of
Investigation (CBI) vis-`-vis the provisions of the Extradition Act, 1962
(hereinafter referred to as "the Act") is involved ... duly authenticated; and (2)
whether the fugitive criminal is concerned with an extradition
7
offence are satisfied, the Magistrate is required to commit the
fugitive
Extradition-Nature of- Fugitive Offenders Act (44 & 45 Vict
c. 69 of 1881)-Inapplicability in Republic of India, if bar
to obtain extradition ... fugitive offenders from another
Commonwealth country- Extradition Act (34 of 1962), effect
of.
HEADNOTE:
After this Court held in State of Madras
proper procedure in cases of this nature. Under Section 7 of the Extradition Act there should be a warrant issued by the Political Agent ... application to a local Magistrate as provided by Section 10 of the Extradition Act. Admittedly, recourse was not had to this procedure. Secondly, there
Resident for the Madras States under Section 7 of the Indian Extradition Act (XV of 1903 ) to the Chief Presidency Magistrate of Madras, under which ... reference to the Local Government under Section 8(a) of the Indian Extradition Act. While this application was in course of being heard, the order
Constitution of India--Merger of
States--Effect--Treaty of Extradition between British Gov-
ernment and indian State--Whether subsists after
merger--Extradition ... Provision in Act
for extradition for additional offences--Whether "derogates"
from Treaty--Extradition warrant for additional
offences--Legality.
HEADNOTE:
In 1869 the British
considerable importance, namely, what is the procedure to be observed in extradition proceedings between the British Government in India and the French Settlements in India ... District Magistrate is illegal, inasmuch as he has under the Extradition Act of 1903 no authority to deliver them up in this summary fashion
which this Court had upheld the findings recorded by the Extradition Magistrate under Section 7(4) of the Extradition Act (hereinafter referred ... that the findings in the Enquiry Report passed by the Extradition Magistrate under Section 7(4) of the Act are conclusive findings and would prejudice
ambit of the provisions of International Treaty vis-a-vis the Extradition Act, 1962 is involved in the present appeal.
Background Facts
3. Appellant herein ... America made a formal request to the Government of India for his extradition alleging that the appellant had conspired in aiding and abetting the sale
