Danish HC rejects Davy's plea of old warrant, extradition

New Delhi, May 20 (PTI) The Danish High Court dismissed
Purulia Arms drop case accused Kim Davy's plea that CBI's
arrest warrant cannot be the basis for his extradition to
India since it had expired and will deliver its verdict before
July.
The CBI said Davy's plea that the warrant was an old one
has in "no way" affected the appeal proceedings in Danish High
court which continued its hearings till Thursday as decided
earlier. The High Court is hearing Davy's extradition case.
"Thus for all practical purpose the warrant issued by
Kolkata court has been executed by the Danish police on
request of CBI. At present status of Kim Davy is that of an
accused person arrested and released on conditional bail by
the court in Denmark," CBI spokesperson Dharini Mishra said in
a statement.
Facing criticism for the goof up in the extradition
case after it was pointed out that warrant issued by Kolkata
court was an old one, the CBI ws able to convince the High
Court with the help of local officials that as per Indian law
a warrant issued by a competent court remains in force till it
is executed or it is cancelled by the same court.
On Monday, advocate for the accused Niels Holck alias
Kim Davy made a submission that the warrant against his client
was old one after which the CBI got it extended from the
special court in Kolkata.
As per section 70(2) CrPC, a warrant issued by a
competent court remains in force till it is executed or it is
cancelled by the same court. There is no question of a warrant
getting expired as reported in a section of media, Mishra
said.
The CBI "keeping the sensitivity and importance of the
case", however, decided to request the court in Kolkata to
extend the execution date of the same warrant which was duly
done on Wednesday.
"The Prosecutor, supported by the CBI team in Denmark
opposed this plea with Indian and Danish laws and facts which
was accepted by the Honourable Danish High Court and objection
raised by the defense was not accepted.
"The Danish High Court has concluded its hearing of
the appeal on May 19 and decided to pronounce the verdict
before summer vacations beginning in month of July, 2011,"
Mishra said.
Giving the background of the case, she said the non-
bailable warrant issued by special court, Kolkata was
communicated to Danish government based on which the Justice
Ministry there had allowed the extradition of Kim Davy.
"On the basis of the warrant issued by the Kolkata
court and subsequent extradition order issued by the Justice
Ministry, Davy was duly arrested on April 09, 2010 and kept in
custody for one day," the statement said.
When he was produced before the Danish court, it
allowed him to be released on conditional bail (in Indian
terminology) but his further arrested can only take place by
an order of Danish court hearing his extradition matter, it
said.
After the trial court did not confirm its order of
extradition Davy to India the authorities there filed an
appeal before the Danish High Court which is pending.