( 1 ) THIS is a case laid before me under Section 439, Sub-section (1), read with Section 429, of the Code of Criminal Procedure, 5 of 1898, with the divided opinions of Brothers Amaresh Roy and Alak Gupta, on the legality of steps taken to secure the extradition of one Jugal Kishore More from Hong Kong to India, and in particular to the Court of the Chief Presidency Magistrate. Calcutta.

( 2 ) TO begin from the very beginning of the matter now at issue, during the pendency, at the investigation stage, of Taltola police-station case No. 237 dated May 4, 1962, under Sections 120b/420/467/471 of the Penal Code against Suprokash Mukherjee and others, before the Chief Presidency Magistrate, Calcutta, a Sub-Inspector of Police of the detective department, one Benoy Kr. Mukherjee, drew up a petition on May 11, 1965, to the address of the same Magistrate, stating inter alia: Jugal Kishore More and others "were parties to a criminal conspiracy in Calcutta between May 1961 and December 1962 to defraud the Govt. of India in respect of India's Foreign Exchange. " Sub-inspector Mukherjee therefore, prayed that the Magistrate "would be pleased on perusal of the relevant