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PETITIONER: THE STATE OF MADRAS
Vs.
RESPONDENT: C. G. MENON AND ANOTHER.
DATE OF JUDGMENT: 19/05/1954
BENCH: MAHAJAN, MEHAR CHAND (CJ) BENCH: MAHAJAN, MEHAR CHAND (CJ) DAS, SUDHI RANJAN HASAN, GHULAM BHAGWATI, NATWARLAL H. JAGANNADHADAS, B.
CITATION: 1954 AIR 517 1955 SCR 280 CITATOR INFO : E 1969 SC1171 (15,20,21,25) RF 1973 SC1461 (587)
ACT: Constitution of India-India-Sovereign Democratic Republic -Fugitive Offenders Act, 1881 (44 Victoria Chapter 69), ss. 12 and 14-Whether applies to India after the coming into force of the Constitution-Indian Extradition Act, (XV of 1903)-Adaptation under art. 372 of the Constitution-Effect of.
HEADNOTE: After the achievement of independence and the coming into force of the new Constitution India became a Sovereign Demo- cratio Republic and could not be described as a British Possession or grouped by an Order-in-Council amongst those Possessions within the meaning of S. 12 of the Fugitive Offenders Act, 1881. It became a foreign country so far as other British Possessions &re concerned and the extradition of persons taking asylum in India, having committed offences in British Possessions could only be dealt with by an arrangement between the Sovereign Democratic Republic of India and the British Government and given effect to by appropriate Legislation. The Indian Extradition Act, 19...