K R P L CHOCKALINGAM CHETTIAR Vs. STATE

JUDGEMENT

(1.) ON a reference made by our 'learned brother Somasundaram, J. whether Ch. III of the Indian Extradition Act, 1903 continues to be applicable to this case of extradition from India to Ceylon, this Full Bench has been constituted by the learned Chief Justice.

(2.) THE" facts leading to this reference are ; The petitioner Chockalingam Chettiar, a native of Kandavarayanpettai village, Tirupattur taluk in Ramanathapuram District was employed as an agent of "chetty" by the Gonakelle, El Teb and Demmeria Estates. The practice is for the Superintendents of these Estates to draw cheques in favour of this Chockalingam Chettiar on the Imperial Bank of India and the Mercantile Bank of India at Colombo and Chockalingam Chettiai would cash those cheques and disburse the amounts to the labourers employed in the said estates who apparently are mostly Tamilians. Three such cheques were issued by the respective Superintendents of these three Estates Messrs. Dealker, Percy and Horn for a total sum of Rs. 1. 10,000. It is the case for these Estates that the said Chockalingam Chettiar after cashing in the amounts dishonestly converted to his own use roughly Rs. 60,000 and decamped to his native place in India. Thereupon complaints have been given to the Colombo Police for an offence Under Section 392 of the Ceylon Penal Code (corresponding to S, 409, IPC) an extraditable offence ? and they have been investigated and a charge sheet has been filed before the Chief Magistrate of Colombo, On account; of this Chockkalingam Chettiar having left for India, the Chief Magistrate, Colombo recorded the evidence in his absence and has apparently reported the matter to the Government of Ceylon. The Government of Ceylon have sent a requisition to the Government of India for the extradition of this Chockalingam Chettiar. Thereupon, under instructions from the Ministry of External Affairs, Government of India, the Madras State Government, Home Department in their memo dated 25-7-1959 directed the Additional District Magistrate of Ramanathapuram to hold an enquiry and to report the result to the Government.

(3.) THE accused Chockalingam Chettiar was apprehended by the issue of a warrant by Sri E. C. P. Prabhakar, I. A. S. , and released on bail. The learned Magistrate supplied the accused with copies of all the documents on which the prosecution relied on 21-8-1959. The accused at the next hearing was asked to explain the circumstances appearing against him as found in the requisition. The accused was represented by an advocate. On the examination of the accused being over, the Inspector of Police, Ceylon, who filed the charge-sheet before the Chief Magistrate of Ceylon was examined and cross-examined. The written statement of the accused was filed on 5-9-1959, and both the parties closed their case.