DARSHAN KUMAR Vs. STATE

JUDGEMENT

(1.) In this petition u/Section 482, Criminal Procedure Code read with Article 227 of the Constitution of India, the petitioner prays for his discharge as also the direction for release of the goods and belongings of the petitioner taken into possession by the of Police Station Darya Ganj, New Delhi, prayed more particularly in the prayer clause of the petition.

(2.) It is the say of the petitioner that the petitioner is a NRI and is having permanent abode in Jallandhar (Punjab); that the petitioner had gone to Canada where the settled his business and residence; that the petitioner had come to India to meet his family members after a long time and particularly as his mother had expired; that while the petitioner had come to India, his wife Smt. Bimla Batra had lodged some complaint in Canada persuant to which arrest warrants were issued against the petitioner and in execution of the warrants of arrest issued by the Canadian Government, the petitioner was arrested in Delhi by P.S. Darya Ganj on 6.4.96 u/Section 41(l)(g) of Criminal Procedure Code and since then the petitioner is in judicial custody; that the detention of the petitioner is totally unlawful, unconstitutional and illegal; that the petitioner is being deprived of his fundamental rights of doing his business and to lead his life permanently; that as per the Extradition Treaty, the detention of the petitioner is invalid and cannot be prolonged any more.

(3.) It is submitted by Mr. K.K. Sharma, learned Counsel for the petitioner that Chapter-111 of the Extradition Act, 1962 is applicable and not Chapter II of the said Act; that the three notifications under the said Act do not refer to Canada; that the trial of the petitioner would be in Canada. As against this, it is submitted by Mr. A.K. Vali, learned Counsel for the respondent that this Court can exercise the powers only u /Section 24 and that too after committal of the petitioner to the prison under Section 7(4) of the Act.