- (1.) Leave granted. Introduction
(2.) The scope and ambit of the provisions of International Treaty vis-a-vis the Extradition Act, 1962 is involved in the present appeal. Background Facts Appellant herein is said to be an Indian citizen. He allegedly holds an Indian Passport. He, however, indisputably is a resident of United States of America. Allegedly he had been running an event management company and promoting clubs into organizing entertainment, cultural events and shows in various parts of the United States of America for a long time. The Government of the United States of America made a formal request to the Government of India for his extradition alleging that the appellant had conspired in aiding and abetting the sale and supply of mdma, a controlled substance and other offensive substances. He is said to be one of the members of a criminal organization involved in drug trafficking and money laundering. His organization has been found to be responsible for distributing millions of tablets of MDMA and laundering millions of dollars in drug proceeds. The organization is said to have purchased large quantities of MDMA from various sources in Netherlands and obtained them in USA through couriers and exchanged them for cash to be distributed to the lower levels of the organization, who in turn, would sell MDMA to buyers/consumers in Houston.
(3.) United States of America is a Treaty State. An Extradition Treaty was entered into between the Government of the Republic of India and the government of the United States of America on or about 21st July, 1999. Proceedings A warrant of arrest is said to have been issued by the U. S. District court for the Southern District of Texas, Housing Division for the arrest of the appellant. Pursuant to the request made by the Government of the united States of America, he was arrested on 10th November, 2002. The government of India in exercise of its power conferred upon it under Section 5 of the Extradition Act, 1962 (for short, 'the Act') made a request to the additional Chief Metropolitan Magistrate, New Delhi, to make an enquiry in respect of the alleged offences levelled against him. He was produced before the said court. The documents appended to the formal request for extradition containing 154 pages were supplied to him. He was granted an opportunity to file written statement.;