2023/DHC/001420

W.P.(CRL) 2499/2022

Page 1 of 10

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 20^th February, 2023

Pronounced on: 27^th February, 2023

+ W.P.(CRL) 2499/2022 CRL.M.A. 22246/2022

BERND ALEXANDER BRUNO WEHNELT

..... Petitioner

Through:

Mr. SatyamThareja ( DHCLSC)

versus

UNION OF INDIA

..... Respondent

Through:

Mr. Ajay Digpaul, (CGSC) with

Mr. Anil Soni, Ms. Kamal

Digpaul

&

Ms.

Swati,

Advocates.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

ANISH DAYAL, J.

1.

This petition has been filed by the petitioner to set aside the

Extradition Inquiry Report dated 24^th August 2022 and the order/letter

dated 16^th September 2022 of the respondent (Union of India).

2.

The background facts of the matter are that an extradition

request was received from the Government of Federal Republic of

Germany through diplomatic channels for the extradition of the

petitioner, who is a German national. Petitioner was an accused in

Germany as per a complaint filed before the District Court Muhldorf

a. Inn. The allegations related to September 2003, when, as per the

case of the prosecution, the petitioner had approached two children of

four years and six years old while they were playing and took several

pictures of them including asking one of them to pull down their

Digitally Signed

By:MANISH KUMAR

Signing Date:28.02.2023

10:54:24

Signature Not Verified

2023/DHC/001420

W.P.(CRL) 2499/2022

Page 2 of 10

trousers and underpants. Subsequently, after an investigation, his

locker in the faculty of Biology and Preclinical Medicine at the

University of Regensburg, was found to have numerous CDs and

DVDs where images of both male and female children were stored

performing sexual acts with adult persons. Accordingly, the petitioner

was alleged to have committed the following offenses under the

German Criminal Code: Section 176, (sexual abuse of children);

Section 184 (b) (dissemination/procurement and possession of child

pornography; Section 223 (bodily harm); Section 230 (request to

prosecute); Section 234 (kidnapping); Section 52 (several offences

committed by one act); Section 53 (joinder of offences).

3.

The Republic of Germany as the Requesting State sent a formal

request for extradition of the petitioner vide Note Verbale No. 358 /

2020, dated 27^th July 2020 along with supporting documents to the

Government of India, (the Requested State). Consequently, the

Ministry of External Affairs, Government of India made a request on

17^th March 2022 under Section 12 of the Extradition Act to conduct

an inquiry proceeding qua the petitioner. It had also transpired in the

meantime that the petitioner had been arrested in 2020 in the state of

Karnataka in India for violation of the Foreigners Act 1946, Section

14 (c) and was facing trial in SC No. 5023 of 2021, PS. Hebbagodi,

Karnataka before the learned, ASJ, Anekal, Bengaluru, Courts. The

learned ACMM before whom the inquiry proceedings were initiated

issued production warrants on 22^nd March 2022, pursuant to which the

petitioner was produced on 1^st April 2022 and has since been in

custody in Tihar Jail, Delhi.

4.

The learned ACMM as part of the process of the inquiry,

adverted to the Note Verbale and other attendant documents, the

Digitally Signed

By:MANISH KUMAR

Signing Date:28.02.2023

10:54:24

Signature Not Verified

2023/DHC/001420

W.P.(CRL) 2499/2022

Page 3 of 10

endorsement certificate issued by the Central Government under

Section 15 of the Extradition Act 1962 and the Extradition Treaty

between the Federal Republic of Germany and Republic of India. The

Union of India examined one witness as CW-1, the Deputy Secretary

(Extradition), Ministry of External Affairs. The learned ACMM upon

examination of the settled law for conducting inquiries under the

Extradition Act noted that two aspects had to be examined- firstly,

whether the endorsed warrant for the apprehension o