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1950 Supreme(SC) 12

B. K. MUKHERJEE, S. MURTAZA FAZAL ALI, S. R. DASS, H. J. KANIA, M. C. MAHAJAN, M. PATANJALI SASTRI
Ram Babu Saksena – Appellant
Versus
State – Respondent


Advocates:
ALLADI KRISHNASVAMI IYER, RAJINDAR NARAIN, V.N.Sethi

Judgment

Patanjali Sastri J. - This is an appeal by special leave from an order of the High Court at Allahabad dismissing an application under Ss. 491 and 561A, Criminal P. C., for release of the appellant who was arrested in pursuance of an extradition warrant issued by the Regional Commissioner of the United State of Rajasthan who in the principal officer representing the Crown in the territory of that State.

2. The appellant who is a member of the Uttar Pradesh Civil Service was appointed in 1948 to serve what was then known as the Tonk State in various capacities, and during such service he is alleged to have helped the Nawab in obtaining the sanction of the Government of India to the payment of Rs.14 lakhs to the Nawab out of the State Treasury for the discharge of his debts, and to have induced the Nawab by threats and deception to pay the appellant, in return for such help, sums totaling Rs. 3 lakhs on various dates. On these allegations the appellant is charged with having committed offences under S. 383 (Extortion and S. 420 (Cheating), Penal Code, which are extraditable offences under the Extradition Act, 1903 (hereinafter referred to as "the Act"). The warrant was issued

























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