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Issues:
1. Jurisdiction of the High Court in revision to interfere with the execution of a warrant by the District Magistrate. 2. Interpretation of the Extradition Act and the role of the District Magistrate in executing warrants. 3. Comparison of views from different High Courts on the District Magistrate's authority to decide on the execution of an extradition warrant. 4. Examination of the legality of the warrant issued by the Political Agent under the Extradition Act. Issue 1: The High Court analyzed its jurisdiction under Sections 435 and 439 of the Criminal Procedure Code (CPC) to interfere with the District Magistrate's orders. It was established that the High Court could not intervene in executive acts of the District Magistrate, as per the Extradition Act. The Court clarified that the District Magistrate's role in executing a warrant is administrative, not judicial, hence not subject to revisional powers. Issue 2: The Court delved into the provisions of the Extradition Act, particularly Section 7, which outlines the District Magistrate's duties in executing a warrant. It was emphasized that the District Magistrate's actions are executive, not judicial. The Court highlighted that the District Magistrate's discretion lies in deciding whether to hand over the accused to the State authorities or report the case to the Local Government. Issue 3: The judgment compared conflicting views from different High Courts regarding the District Magistrate's authority in executing extradition warrants. While the Calcutta High Court held that the District Magistrate's function is purely executive, the Bombay High Court opined that the Magistrate should judicially consider the warrant's legality. The Court sided with the Calcutta High Court's interpretation, emphasizing the administrative nature of the District Magistrate's role. Issue 4: The legality of the warrant issued by the Political Agent under the Extradition Act was scrutinized. The Court examined the conditions precedent for a legal warrant, including the extradition offense, the accused's nationality, and the offense's territorial location. It was concluded that without fulfilling all conditions, the warrant's issuance was illegal. The Court ordered the quashing of the proceedings related to the arrest, cancellation of the bail bond, and the release of the accused from any obligations.
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