ALLAN JOHN WATERS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The question required to be decided is 'whether the detention period of the petitioner from 2 nd July 2003 to 6 th September 2004 in United State of America would amount to his period of detention as understood by section 428 of Code of Criminal Procedure, 1973 (Cr.P.C.) The facts are admitted and can be stated as under:

(3.) Offence under section 377 etc. was registered by Colaba Police Station on 15 th November 2001 vide Crime No.312/2001. The name of the petitioner was shown as one of the accused since beginning. The police, therefore, went in search of the petitioner. After investigation, it was learnt that the petitioner had gone out of India and would be found in America etc. Accordingly, the police obtained warrant of arrest from the concerned Magistrate. It was a red corner notice issued to Central Bureau of Investigation (C.B.I.). Pursuant to this notice/ warrant, the petitioner was arrested in America on 2 nd July 2003 at New York. He was admittedly not wanted in any other case in America at that time. He was admittedly arrested pursuant to the warrant issued by the Indian Court. Investigation Officer then started procedure for extradition of the petitioner from America to India and pursuant to certain extradition treaty, the competent Court in America allowed extradition of the petitioner to India. This order was passed on 24 th November 2003 and on 6 th September 2004 the petitioner was finally brought to India. It is, thus, an admitted fact that the petitioner was under the detention of the America Court from 2 nd July 2003 to 6 th September 2004. The Sessions Court vide order dated 18 th March 2006 convicted the petitioner for various offences and sentenced him to suffer rigorous imprisonment. After the petitioner was convicted, the usual order of set off was passed. The said order was not disturbed by the final Court. The question is whether the detention period of the petitioner in America is a period of detention as understood by section 428 of Cr.P.C. Section 428 of Cr.P.C. reads as under: