1. By this petition, the Petitioner seeks quashing of the order and inquiry report dated 14th May, 2011 passed by the learned Additional Chief Metropolitan Magistrate-01, Patiala House Courts, New Delhi under Section 5 of the Extradition Act, 1962 in CC. No.79/1/08 whereby the learned Additional Chief Metropolitan Magistrate recommended extradition of the Petitioner to the United States of America (USA).

2. Learned counsel for the Petitioner contends that the request for extradition made by the Government of USA was in breach of mandatory provisions of the Indo-US Extradition Treaty (in short „the Treaty?), especially Article 9(4)(a) of the said Treaty which provides that the request for extradition relating to a person, who has been convicted of an offence for which extradition is sought shall be supported by “a copy of the judgment of conviction or, if such copy is not available, a statement by a judicial authority that a person has been convicted”. Since copy of conviction order has not been annexed with the extradition request, such a request becomes non-est in law and the Central Government and the learned Additional Chief Metropolitan Magistrate could not have acted