NANKA Vs. GOVT OF RAJASTHAN

JUDGEMENT

(1.) The applt. Nanaka Alias Nanga Singh of village Bisonda in Dholpur Subdivision Bharatpur, was arrested on 26-11-1949 on the requestion of the police Kheragarh, Dist., Agra, in Uttar Pradesh, dated 11-9-1949, for an alleged offence Under Section 397/365, Penal Code. Later on, he was let off on bail on 17-2-1950. He makes this appln. Under Section 491, Cr. P. C. on the ground that his arrest & detention were illegal as there was no law of extradition in force in Dholpur State at the time of his arrest. His conditional release on bail was therefore, not justified. He is entitled to be released unconditionally & is not liable to be surrendered to Uttar Pradesh. The bail bonds be therefore cancelled.

(2.) It may also be mentioned that the appct. was later on informed that he was detained in connection with some local case also. But he was ultimately discharged. This has, however, no bearing on this case.

(3.) We have heard learned counsel for the appct. as well as the Govt. Advocate. It has been argued on behalf of the appct. that there was no extradition Act in force in Dholpur State before its merger into Matsya State & thereafter in the United state of Rajasthan. There was only a treaty between the former Dholpur State & then British India entered into in 1869. This treaty consists of 8 articles. None of them authorises the extradition of a Dholpur subject from Dholpur State for an offence committed outside Dholpur State. Moreover this treaty remained a mere treaty & was never incorporated in the municipal law of Dholpur. It has therefore no effect against a subject of Dholpur State. Even after the formation of the United State of Rajasthan & the merger of Dholpur state therein, no municipal law regarding extradition came into force. The appct. cannot therefore be extradited & is entitled to unconditional release. A ruling of this Ct. in the case of 'Beerma v. State' decided by a D. B. of this Ct. . on 17-3-1950, was cited in support of the appct's. contention. A judgment of the final Ct. of appeal Udiapur in the case of 'Mangilal v. Sarkar' was also reld. upon.