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january 1969

Supreme Court of India · 1969-01-10

STATE OF WEST BENGAL vs JUGAL KISHORE MORE & ANR.

Citation / case number
SC 1968/60138
Court
Supreme Court of India
Petitioner
STATE OF WEST BENGAL
Respondent
JUGAL KISHORE MORE & ANR.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court ruled that the Fugitive Offenders Act, 1881, is unenforceable in India post-26th January 1950 due to its inconsistency with Article 14 of the Constitution. The Court clarified that the Chief Presidency Magistrate has the authority to issue a warrant under the Criminal Procedure Code, 1898, which can be executed in India, but does not have extraterritorial operation. The Court held that the Extradition Act, 1962 does not bar the requisition made by the Ministry of External Affairs for extradition, as the warrant issued does not confer extraterritorial powers.

STATE OF WEST BENGAL vs JUGAL KISHORE MORE & ANR. · Niyam