INDIAN CASES WITH REGARD TO EXTRADITION:-

Ram Babu Saxena v. State1:-The provision in question is the Section 7 of the Indian Extradition
Act, 1903. Dr.Ram Babu Saxena was an employee under the UP Civil Service and was deputed
to Tonk state. Tonk was an Indian state and it had an extradition treaty with the British
government according to which both states were bound to extradite certain persons who were
accused of certain specified crimes. Dr. Ram Babu Saxena was later on living in Nainital. It was
contented that while serving Tonk state he committed crimes of extortion under section 383 and
cheating under section 420. Dr.Ram Babu agreed in defense that the British government had an
extradition treaty with the Tonk state and that treaty did not provide for crimes for which his
extradition``n was being claimed. Hence he could not be extradited under section 7 of the
Extradition act 1903.

The Supreme Court held “the act does not derogate from any such treaty when it authorizes the
Indian Government to grant extradition for some additional offences, thereby enlarging, not
curtailing, the power of the other party to claim surrender of criminals. Nor does the act derogate
in the true sense of the term from the position of an Indian subject under the treaty of 1869.”

Dharam Teja’s Case: - Dahram Teja was a managing director of Jayanti Shipping Corporation,
committed embezzlement and bungling of croces of rupees. He fled from one country to another
to escape his arrest. When he was in Ivory Coast the Government of India requested the
Government of Ivory Coast to extradite Dharam Teja so that proceedings against him could be
started in India. The Government of Ivory Coast refused to extradite Dharam Teja on the ground
that there was no extradition treaty with India. Later on when Dharam was in London the Indian
Government requested his extradition as Indian had an extradition with England under which
both countries are bound to extradite the accused of each other who runs away after committing
crimes in either country. Consequently Daram Teja was extradited to India where he was
convicted for embezzlement and bungling of crores of rupees of Jayanti Shipping Corporation.

Naval Officer Extradition Case:-Commander Elijah Ebrahim Jhirhad of Indian Navy was
charged by the government of India with misappropriating Rs.13lakhs of the Naval Prize Fund
while he was functioning as the Judge Advocate- General of the Indian Navy in the early 1960.

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AIR1950SC155
The matter was referred to the Central Bureau of Investigation in 1966. Jhirhad had the
responsibility of administering Rs.70 lakhs of prize fund. An ex sailor made an complaint that he
had not received his share of the prize money. On enquiry the misdeed of Jhirhad had come in to
light. Jhirhad had fled from India. The C.B.I had come in touch with the Interpol which had him
arrested in April 1972 in New York. In July 1972 extradition orders were passed against him
thereby accepting Indian government’s pleas in this regard.

Narang Brothers Extradition Case: - In October 1976 the Indian Government successfully
concluded extradition proceeding in London against Manmohar Narang and his brother Om
Prakash Narang who were wanted in India on charges of cheating, forgery and smuggling in
connection with two stolen antique pillars known as Amin pillars in a village in Kurukshetra in
Haryana. The Londan magistrate held that the case was a prima facie case for their trial and
allowed the extradition application of the Government of India. The pillars were also recovered
from a local warehouse in London.