FLEMMING LUNDING LARSEN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who isa Danish National, has sought the quashing of order (Annexure 10) dated 26th November, 1997 passed by Shri Dharmesh Sharma, Metropolitan Magistrate, Delhi by which the petitioner's application for being discharged was dismissed.

(2.) The facts as revealed are that on the basis of information received by the Deputy Commissioner of Police (Airport), New Delhi from the Assistant Director, Central Bureau of Investigation, Interpol Wing, New Delhi, who in his turn had received a communication from U.S., Narcotics Control Bureau, the petitioner was arrested on 6th August, 1997. He was then produced before the Additional Chief Metropolitan Magistrate, New Delhi on the same day and was remanded to judicial custody till 12th August, 1997.

(3.) A request was made by the Central Government on 12th August, 1997 to 81 the Additional Chief Metropolitan Magistrate for issuance of provisional warrant of arrest against the petitioner, as envisaged in Sub-section (1) of Section 34-B of the Extradition Act (Act No. 34 of 1962) (hereinafter referred to as 'the Act'), which was issued. The petitioner thereafter was remanded from time to time. It is not in dispute that a request for the petitioner's (a fugitive criminal of a foreign State) surrender was received by the Central Government on 30th September, 1997. On that basis the Central Government on 22nd October, 1997 passed an order as per provision of Section 5 of the Act calling upon the Metropolitan Magistrate, having jurisdiction in the matter, to make necessary enquiries. Requisite request papers received by the Ministry of External Affairs from the Diplomatic Representative of the U.S. Government in India were also sent to the Metropolitan Magistrate.