SARABJIT RICK SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition challenges the inquiry report of the Additional Chief Metropolitan Magistrate(for short 'ACMM'), New Delhi recommending the Union of India to extradite the petitioner to the United States of America(for short 'USA'). The petitioner is wanted in USA to stand trial for drug related offences. A request for his extradition to USA was received by the Government of India on 11th October, 2002. On 24th January, 2003, the Central Government having been satisfied on the basis of materials submitted by the Government of USA that warrant of arrest had been issued by the U.S. District Court for the Southern District of Texas, Houston Division(hereinafter referred to as the 'American Court') requested the ACMM, Patiala House Courts, New Delhi to enquire into the alleged offences under Section 5 of the Indian Extradition Act, 1962. The ACMM, New Delhi accordingly made the necessary inquiry and returned his findings in the report to the effect that there was a prima facie case for trial of the petitioner in respect of the extraditable offences for which his extradition is sought by the requesting state. The said report is under challenge.

(2.) Counsel for the petitioner as well as the learned Additional Solicitor General were provided full opportunity to argue the matter, additionally written submissions and synopsis were also permitted to be filed. These have been taken note of and considered to the extent relevant. Before proceeding further, it will be appropriate to briefly list the offences for which the American Court requires the petitioner. <FRM>JUDGEMENT_1609_ILRDLH15_2006Html1.htm</FRM>

(3.) The above indictments can be briefly classified as <FRM>JUDGEMENT_1609_ILRDLH15_2006Html2.htm</FRM>