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