Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Request by Government Extradition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Extradition Act, 1962:ss. 7 and 10 - Request by Government of U.S.A. for extradition of appellant on ground of his involvement in drug trafficking and money laundering - Pursuant thereto Magistrate entrusted to make enquiry under the Act - Extradition order by Magistrate - Challenge to, on the ground that documents relied upon by Magistrate, without corroboration thereof material particulars - Held: No case made out for interference with extradition order - Magistrate is only required to arrive at prima facie finding, either in favour of fugitive criminal or in support of the requesting State on basis of documents supplied in terms of s. 10 - He is not to hold the trial - Use of terminology 'evidence' in s. 7 to be read in context of s. 10 - Thus, s. 3 of Evidence Act which defines "evidence" in strict sense not applicable in proceeding under the Act - The Act is special statute - Therefore, it would prevail over provisions of general statute like the Code of Criminal Procedure - Indo U.S. Treaty - Article 9, Paragraphs 2 and 3 - Evidence Act - s.3 - Code of Criminal Procedure, 1973 - ss.173(5), 227 - Code of Criminal Procedure, 1898 - ss.208, 209. ss. 7 and 10 - Evidence - Appreciation of, for trial of accused vis-a-vis to make report upon holding enquiry in terms of provisions of the Act - Distinction between - Criminal trial - Enquiry.Writ: Writ of certiorari - Jurisdiction of superior courts - Scope of.Appeal:Appeal before Supreme Court - Fresh plea - Plea as to prejudice taken for first time before Supreme Court - Held: Not tenable.Interpretation of statutes:Harmonious construction - Held: When statute is required to be read with International Treaty, consideration of provisions contained in the latter is also imperative - Extradition Act, 1962 - lndo US. Treaty - Article 9, Paragraphs 2 and 3. Doctrines/Principles: Incorporation by reference - Applicability of.Words and phrases: 'information' - Meaning of - In the context of s. 7 of Extradition Act, 1962The Government of U.S.A. made a formal request on 7th January, 2002 for extradition of the appellant, an Indian citizen and resident of U.S.A on the ground that he was wanted to stand trial in the U.S. District Court for drug trafficking and money laundering. Pursuant to this request, he was arrested on 10th November, 2002. The Government of India in exercise of its power conferred upon it under s.5 of the Extradition Act, 1962 made a request to the Additional CMM to make an enquiry in respect of the alleged offences levelled against him. He was produced before the said court. The documents appended to the formal request for extradition were supplied to him. He was granted an opportunity to file written statement. Appellant filed an application for the supply of deficient document on the premise that the formal request by Government of U.S.A. did not satisfy the requirements of Article 9 of the Indo U.S. Treaty as well as s.7 of the Extradition Act, 1962. His request to supply copies of the documents however, was declined by the Magistrate. Extradition enquiry was directed to proceed only on the documents filed by the respondent in the trial court subject to all legal consequences. CMM recommended the extradition of the appellant to U.S.A. writ petition filed thereagainst by the appellant was dismissed by High Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1272 |
Petitioner | Sarabjit Rick Singh |
Respondent | Union Of India |
SCR | [2007] 13 S.C.R. 321 |
Judgement Date | 2007-12-12 |
Case Number | 1705 |
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