Judgement

SHAH, J.: In the course of investigation of offences under Sections 420,467, 471 and 120-B I. P. Code the Officer in charge of the investigation submitted an application before the Chief Presidency Magistrate, Calcutta, for an order that a warrant for the arrest of Jugal Kishore More and certain other named persons be issued and that the warrant be forwarded with the relevant records and evidence to the Ministry of External Affairs, Government of India, for securing extradition of More who was then believed to be in Hong Kong. It was stated in the application that More and others "were parties to a criminal conspiracy in Calcutta between May 1961 an December 1962 to defraud the Government of India in respect of India s foreign exchange", and their presence was required for trial.

2. The Chief Presidency Magistrate held an enquiry and recorded an order on July 19, 1965, that on the materials placed before him, a prima facie case was made out that a criminal conspiracy was "hatched in Calcutta" within his jurisdiction, and More was one of the conspirators. He accordingly directed that a non-bailable warrant in Form II Sch. V of the Code of Criminal Procedure be issued for the arrest of More, and the warrant be sent to the Secretary Home (Political) Department, Government of West Bengal, with a request to take all necessary steps to ensure execution of the warrant. A copy of the warrant was sent to the Commissioner of Police, Calcutta, for information. In the warrant More was described as Manager, Premko Traders of 7, Wyndhan Street and 28, King s Road, Hong Kong. The Chief Presidency Magistrate forwarded to the Government of West Bengal, the warrant with attested copies of the evidence recorded at the enquiry and photostat copies of documents tendered by the prosecution in evidence, "in accordance with the procedure laid down in Government of India, Ministry of External Affairs, letter No. K/52/6131/ 41 dated 21st May, 1955". The warrant was forwarded by the Government of West Bengal to the Ministry of External Affairs, Government of India. The Ministry of External Affairs forwarded the warrant to the High Commissioner for India, Hong Kong, who in his turn, requested the Colonial Secretary, Hong Kong, for an order exhaditing More under the Fugitive Offenders Act, 1881, (44 and 45 Vict., c. 69), to India for trial for offences described in the warrant. The Central Magistrate, Hong Kong, endorsed the warrant and directed the Hong Kong Police, "pursuant to Section 13 of Part II and Section 26 of Part IV of the Fugitive Offenders Act, 1881", to arrest More. The order recited :-

"Whereas I have perused this warrant for the apprehension of Jugal Kishore More, * * * accused of an offence punishable by law in Calcutta, Republic of India, which warrant purports to be signed by the Chief Presidency Magistrate, Calcutta, and is sealed with the seal of the Court of the said Magistrate, and is attested by S. K. Chatterjee, Under Secretary in the Ministry of External Affairs of the Republic of India and sealed with the seal of the said Ministry;

And whereas I am satisfied that this warrant was issued by a person having lawful authority to issue the same;

And whereas it has been represented to me that the said Jugal Kishore More * * * is suspected of being in the Colony;

And whereas Order in Council S. R. and O. No. 28 of 1918 by virtue of which Part II of the Fugitive Offenders Act, 1881, was made to apply to a group of British Possessions and Protective States including Hong Kong and British India, appears to remain in full force and effect so far as the law of Hong Kong is concerned.

Now therefore under Section 13 of the Fugitive Offenders Act, 1881, I hereby endorse this Warrant and authorise and command you in Her Majesty s name, forthwith to execute this Warrant in the Colony to apprehend the said Jugal Kishore More, * * * wherever he may be found in the Colony and to bring him before Magistrate of the said Colony to be further de