States District Judge, Northern
District of Texas, Fort Worth Division allowed the
extradition of accused Daya Singh to India inter alia for
offences punishable under ... under Sections 4 and 5 of the
Explosive Substances Act, 1908. Likewise, extradition of
accused Suman Sood was allowed for offences
punishable under Sections
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
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
States District Judge, Northern District of Texas, Fort Worth Division allowed the extradition of accused Daya Singh to India inter alia for offences punishable under ... under Sections 4 and 5 of the Explosive Substances Act, 1908. Likewise, extradition of accused Suman Sood was allowed for offences punishable under Sections
impugned order dated 4th December, 2006 passed by the learned Extradition Magistrate in the Extradition Enquiry proceedings pending before her.
2. The facts relevant ... arrest, the ACMM, New Delhi was, as per law, appointed as an Extradition Magistrate by the Central Government vide order dated 6th September
under Articles 226 and 227 of the Constitution of India challenges the Extradition Enquiry Report dated 8th June, 2007 under Section ... Extradition Act, 1962 (hereinafter referred to as the Act) of the Additional Chief Metropolitan Magistrate, New Delhi who is the Extradition Magistrate appointed under
Section 4 in Treaty on Extradition Between the Republic of India and the Republic of Bulgaria
4. Extradition shall not be granted if the Requested ... Party has substantial reasons to believe that the request for extradition has been made for the purpose of prosecuting or punishing the person on account
Section 4 in Treaty on Extradition between the Government of the Republic of India and the Government of the Republic of South Africa ... customs duties, foreign exchange control or any other revenue matter, is an extraditable offence. Provided that the conduct for which extradition is sought
Section 5 in Treaty on Extradition Between the Republic of India and the Republic of Bulgaria
5. The provisions of the preceding paragraphs shall ... opportunity to leave the territory of the Party to which the extradited person has been surrendered, he or she has not done so within