AIR 1950 SUPREME COURT 155 ::1963 MadLW 878

Supreme Court Of India

(From : A. I. R. (37) 1950 All. 342)

Hon'ble Judge(s): M. H. Kania, S. Murtaza Fazal Ali, M. Patanjali Sastri, Mehr Chand Mahajan, B. K. Mukherjea, S. R. Das , JJJ

(A) Extradition Act (15 of 1903) , S.18, S.7— Extradition treaty - Extradition of Indian subject for offence not extraditable under treaty - It derogates from terms of treaty - S. 7 if excluded under S.18 by reason of extradition treaty. Per Kania C. J., Patanjali Sastri and Fazl Ail JJ. - Extradition of in Indian subject under S. 7 for an offence which is not extraditable under the Extradition treaty entered into between the British Government and the Tonk State in 1869, is not, in any sense, a derogation from the provisions of the treaty which provides for the extradition of offenders for certain specified offences, assuming that the treaty of 1869 still subsists after the accession of the Tonk State to the Dominion of India. It is not correct to say that, by providing for extradition for additional offences, the Act derogates from the rights of Indian citizens under the treaty or from the provisions of the treaty.(Para 8) Annotation: ('46 Man.) Extradition Act, S. 18, N. 1. (B) Extradition Act (15 of 1903) , S.18— Extradition treaty between British Government and Tonk State -Treaty if subsists after State's merger - International law -Merger of State with another State - Effect. Per Mukharjea, Mahajan, Fazl Ali and Das JJ.- ....