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1999 Supreme(Del) 438

A.K.SRIVASTAVA, MADAN B.LOKUR
FLEMMING LUNDING LARSEN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.K.VALI, Harjinder Singh

Anil Dev Singh, J.

( 1 ) BY this writ petition the petitioner seeks his release from detention. He also prays for setting aside of the order passed by Mr. Dharmesh Sharma, Metropolitan Magistrate, New Delhi, dated November 23, 1998 whereby a prima facie case was found in support of the requisition of the Union States of America for his surrender and extradition. The facts giving rise to the petition are as follows:

THE petitioner, a Danish National, and his associate negotiated sale of 2 kgs. of cocaine to undercover detectives Mr. Richard Friedman and Mr. Keith Camelo from Hollywood Police Department in Broward Country, State of Florida. Following the negotiations the petitioner delivered one kg. of cocaine to the undercover detectives on August 16, 1991 with the understanding that another kg. would bone delivered to them within ten minutes. The petitioner and his associate were then arrested and charged. On December 2, 1991, the petitioner entered an open plea of guilty to the charge of trafficking in cocaine in violation of Florida Statute Section 893. 135 (1) (B) (3) and conspiracy to trafficking in cocaine in violation of Florida Statute section 893. 135 (1)B3 (3 ). On Septembe



















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