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Judgment
The ground taken in this application is that an Extradition Warrant signed by the Assistant British Envoy at a Court of Nepal is invalid seeing that such an officer is not a Political Agent within the meaning of Section 7 of the Extradition Act. The petitioner has been arrested under a Warrant bearing the signature of the Assistant British Envoy and is being detained.
Mr. Varma argues that he should be set at liberty since he cannot be extradited to Nepal under this invalid warrant, It has taken the Crown no little time to discover whether the Assistant British Envoy has been empowered as a Political Agent for the purposes of Section 7, and the learned Government Advocate informs us to-day that this officer has never been so empowered.
The warrant for the extradition of the petitioner is, therefore, invalid and he cannot be extradited thereunder. He has been under detention for a long time and must now be set at liberty.