JUGAL KISHORE MORE Vs. CHIEF PRESIDENCY MAGISTRATE CALCUTTA

JUDGEMENT

(1.) This is a case laid before me under Section 439, Sub-section (1), read with Section 429, of the Code of Criminal Procedure, 5 of 1898, with the divided opinions of Brothers Amaresh Roy and Alak Gupta, on the legality of steps taken to secure the extradition of one Jugal Kishore More from Hong Kong to India, and in particular to the Court of the Chief Presidency Magistrate. Calcutta.

(2.) To begin from the very beginning of the matter now at issue, during the pendency, at the investigation stage, of Taltola police-station case No. 237 dated May 4, 1962, under Sections 120B/420/467/471 of the Penal Code against Suprokash Mukherjee and others, before the Chief Presidency Magistrate, Calcutta, a Sub-Inspector of Police of the detective department, one Benoy Kr. Mukherjee, drew up a petition on May 11, 1965, to the address of the same Magistrate, stating inter alia: Jugal Kishore More and others "were parties to a criminal conspiracy in Calcutta between May 1961 and December 1962 to defraud the Govt. of India in respect of India's Foreign Exchange." Sub-inspector Mukherjee therefore, prayed that the Magistrate "would be pleased on perusal of the relevant records and recording necessary evidence to issue non-bailable arrest warrants endorsed to Commissioner of Police, Calcutta" against the said More (omitting the names of other persons not material for the present purpose!" for causing execution" at Hong Kong: vide the second sub-paragraph of paragraph 17 of Sub-Inspector Benoy Kr Mukherjee's petition dated May 11, 1965, to the address of the Chief Presidency Magistrate, at page 568 of file III of the Magistrate's records of the case. The petitioning Sub-Inspector prayed for a little more too: for the favour of forwarding "the warrants with relevant records and evidence to the Ministry of External Affairs, Govt. of India, through proper channel for extradition of" Jugal Kishore More.

(3.) Such was the petition which Deputy Commissioner P. K. Sen forwarded to the Magistrate, as his endorsement dated May 11, 1965, too, on the left-hand margin at the very first page goes to show. [See page 563 of File of the III Magistrate's records.] But filed such petition was in court: the court of the Chief Presidency Magistrate : on May 29, 1965, as the Magistrate's dated initials. coupling with an endorsement, a little above Deputy Commissioner P. K. Sen's testify And that very day. namely, on May 29, 1965, the Chief Presidency Magistrate recorded, in the order-sheets, an order on this petition of Sub-Inspector B. K. Mukherjee (referred to in the order as I.O. : Investigating Officer), observing inter alia :