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An Accused Cannot Be Arrested In Any Case Till A Request For Extradition Is Merited: Delhi HC

The Hon’ble Delhi High Court observed that an accused cannot be arrested in any case till a request for extradition is merited. This observation was made by the High Court while disposing of a Writ filed by Mr. Vinay Mittal (the Petitioner) who has been charge-sheeted in seven separate case, for siphoning of funds from the Punjab National Bank, by the Central Bureau of Investigation (CBI). During the course of the Trial, the Petitioner left India and failed to appear before the Courts in proceedings instituted by the CBI due to which he was declared as a proclaimed offender. In view of the Petitioner’s failure to attend the court proceedings, a Red Corned Notice was issued against him. As per CBI, after the Petitioner was located in Indonesia and arrested by the Indonesian Authorities, an extradition request was sent through proper channels to the Indonesian Authorities. Consequently, the Petitioner was extradited in terms of a decree passed by the President of the Republic of Indonesia. After the Petitioner was brought to India by the CBI, he was produced before the Special Judicial Magistrate, Ghaziabad and was remanded to Judicial Custody.

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