( 1 ) ON 20. 5. 1997, the petitioner approached this Court praying for quashing the order dated 16. 5. 1997 passed by the respondent to extradite him to Canada and further to set him at liberty or in the alternative to direct the respondent to pass appropriate orders for conduct of his trial in India on such terms and conditions, as may be deemed appropriate.

( 2 ) PURSUANT to request for provisional arrest made on 4. 4. 1996 oh behalf of the Canadian Government, the petitioner was arrested on 6. 4. 1996 at New Delhi. On 1. 5. 1996 formal request was made by the Canadian High Commission in New Delhi to respondent No. 1 for the petitioner s extradition to Canada. Respondent No. 1, in exercise of its powers under Section 5 of the Extradition Act, 1962 (hereinafter referred to as the act ) passed an order on 19. 7. 1996 requesting Mrs. Neena Krishna Bansal, Metropolitan Magistrate, New Delhi to conduct an enquiry into the matter under the Act. Warrants of petitioner s production were issued on 6. 8. 1996 and from judicial custody he was produced before the Extradition Magistrate on 28. 9. 1996. _ Enquiry though commenced, could not be concluded by Mrs. Neena Krishna Ban