MANJU GOEL, J.

( 1 ) THE writ petition challenges the inquiry report of the Additional Chief metropolitan Magistrate (for short 'acmm'), New Delhi recommending the Union of india to extradite the petitioner to the United States of America (for short 'usa' ). The petitioner is wanted in USA to stand trial for drug related offences. A request for his extradition to USA was received by the Government of India on 11th October, 2002. On 24th January, 2003, the Central Government having been satisfied on the basis of materials submitted by the Government of usa that warrant of arrest had been issued by the U. S. District Court for the southern District of Texas, Houston Division (hereinafter referred to as the 'american Court') requested the ACMM, Patiala House Courts, New Delhi to enquire into the alleged offences under Section 5 of the Indian Extradition Act, 1962. The ACMM, New Delhi accordingly made the necessary inquiry and returned his findings in the report to the effect that there was a prima facie case for trial of the petitioner in respect of the extraditable offences for which his extradition is sought by the requesting state. The said report is under challenge.

( 2 ) COUNSEL for the petitioner as well as the learned Additional Solicitor General were provided full opportunity to argue the matter, additionally written submissions and synopsis were also permitted to be filed. These have been taken note of and considered to the extent relevant. Before proceeding further, it will be appropriate to briefly list the offences for which the American Court requires the petitioner.

Count 1 Conspiracy from January 1997 to the date of the indictment. Count 6 Possession with intent to distribute MDMA on or about February 24, 1999. Count 7 Possession with intent to distribute MDMA on or about September 27, 2000. Count 8 Possession with intent to distribute MDMA on or about March 20,2001. Count 9 Unlawful use of a communication facility on or about March 20,2001. Count 11 Possession with intent to distribute MDMA on or about May 9, 2001. Count 14 Possession with intent to distribute MDMA on or August 15, 2001 and continuing through August 17, 2001.

Count 16 Unlawful use of a communication facility on or about August 31, 2001. Count 17 Unlawful use of a communication facility on or about September 05, 2001. Count 18 Possession with intent to distribute MDMA on or about September 13, 2001 and continuing through September 19, 2001. Count 19 Unlawful use of a communication facility on or about September 20, 2001. Count 20 Unlawful use of a communication facility on or about September 20, 2001. Count 21 Possession with intent to distribute MDMA on or about September 21, 2001. Count 22 Unlawful use of a communication facility on or about October 6, 2001. Count 23 Unlawful use of a communication facility on or about October 7, 2001. Count 24 Possession with intent to distribute MDMA on or about September 21, 2001. Count 25 Investment of illicit drug profits from on or about April 1, 1997 to the date of this indictment. Count 26 Continuing to launder drug trafficking proceeds and Criminal Forfeiture Allegation.

( 3 ) THE above indictments can be briefly classified as

(a) conspiracy (b) possession of drugs (c) drug trafficking (d) Money Laundering (e) Use of telecommunication facilities for trafficking in drugs

( 4 ) THE impugned order is passed in a magisterial inquiry under Section 5 of the extradition Act. Section 5 of the Extradition Act, 1962 is as under:-"order for magisterial inquiry.- Where such requisition is made, the Central government may, if it thinks fit, issue an order to any Magistrate who would have had jurisdiction to inquire into the offence if it had been an offence committed within the local limits of his jurisdiction directing him to inquire into the case. "it is under the above provision that the ACMM, New Delhi was asked to make the inquiry.

( 5 ) SECTION 6 of the Extr