1947 Present: Dias J.

KANDASAMY, Petitioner, and BANDARANAYAKE, Respondent.

Application in Revision 339-M. C, Point Pedro.

Fugitive Offenders Act, ss. 13, 14-Application for surrender--Lawful authority to issue warrant-Endorsement of foreign warrant-Indian law.

An accused was convicted by the Court of Sessions in India. He preferred an appeal against his conviction to the High Court which affirmed the conviction and sent the case back to the Court of Sessions under section 425 of the Indian Criminal Procedure Code so that the Court of Sessions should give effect to the order of the High Court. The accused, however, absconded to Ceylon and was unlawfully at large in Ceylon before the expiry of his sentence.

Held, that a warrant for the surrender of the convict under Part II of the Fugitive Offenders Act, 1881, should have been signed by a Judge of the Court of Sessions and not by a Sub-Divisional Magistrate or Additional District Magistrate. There being no proof that the Indian law authorised a Judge of Sessions to delegate his powers under sections 92 and 425 of the Indian Criminal Procedure Code to the Sub-Divisional Magistrate