Mukta Gupta J.

1. By this petition, the Petitioner seeks bail pending the enquiry before the Learned Metropolitan Magistrate under the Extradition Act (in short “the Act”) in regard to LOC No. 2011104148 pursuant to Red Corner Notice No. A1251/2-2011.

2. Learned counsel for the Petitioner contends that the Petitioner is a citizen of United States of America (USA) and his entire family is settled in USA. The Petitioner has been falsely implicated by a girl with whom he was familiar and both of them wanted to marry. The arrest of the Petitioner on 6th July, 2011 is in violation of the Article 21 of the Constitution of India since the Petitioner has been arrested under a Red Corner Notice and as held by the Hon’ble Supreme Court in Bhavesh Jayanti Lakhani Vs. State of Maharashtra & Ors. (2009) 9 SCC 551 a Red Corner Notice is not a warrant of provisional arrest. Thus, in the absence of any provisional arrest, Petitioner’s custody was illegal. Further the so-called warrant of provisional arrest was neither issued by a judicial authority nor endorsed by the Central Government. It is contended that till date neither the warrant for provisional arrest has been endorsed by the Cent