HARI SANKAR Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The Government of Sikkim made a requisition to our Central Government for surrender of the Petitioner, Hari Sankar, for his trial by a Sikkim Court for an offence of murder alleged to have been committed by him in Sikkim. On receipt of this requisition the Central Government issued an order under Sec. 5 of the Extradition Act, 1962, to the District Magistrate, Darjeeling, directing him to enquire into the case. The Petitioner was thereafter taken into custody and later released on bail on March 18, 1968. One Sri R.K. Debnath, Magistrate, First Class, held the instant enquiry and on January 2, 1969, found that a prima facie case had been made out in support of the requisition of the Government of Sikkim and again took the Petitioner into custody awaiting orders of the Central Government. The result of his enquiry was also directed to be sent to the Central Government. Thereafter, on February 17, 1969, the Petitioner obtained the Rule in Revision Case No. 132 of 1969 calling upon the District Magistrate, Darjeeling, to show cause why the order of Sri Debnath should not be set aside and the proceeding for extradition quashed. Then on March 5, 1969, the Petitioner obtained the Rule in Criminal Misc. Case No. 71 of 1969 for a writ in the nature of habeas corpus against his detention in prison.

(2.) These two Rules have been heard together as they raise the same question.

(3.) Mr. Roy first contends that no proceedings under the Extradition Act could be taken against the Petitioner on the requisition of the Sikkim Government as there was no notified order under Sec. 3(1) of the Extradition Act in respect of Sikkim. Sec. 3(1) of the Act reads as follows: