powers conferred by Section 5 of Extradition Act,
1962, the learned Extradition Magistrate conducted an inquiry as to the
extraditability of the Petitioner for offences ... various contentions
raised at bar before learned Extradition Magistrate as recorded in para 13 of
the Extradition Inquiry Report, have not been dealt with
Extradition Proceedings:
65. At the outset, it is essential to delineate the scope of judicial review in
extradition proceedings under the Extradition Act, 1962 .
Signature ... Whether a Request for Extradition, has been validly
made, under the Extradition Act ?
(ii) Whether the offence for which the extradition is
sought
more severe punishment"
shall be extradited.
11. Section 5 of the Extradition Act provides for an inquiry by a
Magistrate upon an extradition request ... Respondent communicated its decision to extradite the petitioner to Oman as
recommended by the learned ACMM in the Extradition Inquiry Report
dated 22nd November
Cases 690/21
Union of India v. Jose Inacio Cota
12.10.2023
Extradition Inquiry Report
1. The Central Government i.e. Ministry of External Affairs ... accused qualifies as an extraditable offense. As a result, the
requisites for evaluating the extradition request qua the
extraditability of offence have been
EXTRADITION INQUIRY REPORT
1. Vide this order, I propose to conclude the inquiry
conducted under The Extradition Act, 1962 regarding the extradition of
the fugitive ... fixed for final arguments.
Scope of Inquiry
11. As far as the scope of inquiry in extradition proceedings is
concerned, when the Central government receives
2020 dated 21.03.2021, requested the extradition
court for an extradition inquiry under Section 5 of the Extradition Act, 1962
in respect of Jose Inacio Cota ... Northern Ireland. The
Special Public Prosecutor also stated that the extradition court vide
Extradition Inquiry Report dated 12.10.2023 already opined that a prima
facie case
21216/16
In Re:
Union of India v. Puneet
Extradition Inquiry Report
1. Vide this order, I shall dispose of the present inquiry initiated ... Extradition Act,
1962 and bear proper seal and signature on the respective
pages. Moreover, the authenticity of documents received in
the Extradition inquiry have nowhere
Magistrate under section
7 of Extradition Act. The following provisions of the Extradition
Act, 1962 are germane to the inquiry for an extradition request:
Section ... India Vs Randall John Cafferty Page No.16/32
conducting an inquiry under Extradition Act, 1962 following
aspects are required to be examined:
(a) Whether
Whether the offence for which extradition of FC
is sought is an extraditable offence;
(c) Whether the extradition request and documents
received are duly authenticated ... support of the
extradition request and provisions of Extradition Treaty
executed between both Requesting and Requested State, I
conclude my inquiry report with the following
Whether the offence for which extradition of FC
is sought is an extraditable offence;
(c) Whether the extradition request and documents
received are duly authenticated ... support of the
extradition request and provisions of Extradition Treaty
executed between both Requesting and Requested State, I
conclude my inquiry report with the following