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2021 (3) TMI 893

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..... ed to travel abroad, he can be extradited back to this country with it also having been observed vide order dated 20.11.2020 that the in the circumstances, the apprehension that had been expressed on behalf of the DRI could not be said to be well founded. In as much as, a submission had been made on behalf of the respondent that he has a valid VISA to return to this country even if the impugned order was upheld, and that the respondent would get his VISA renewed with it having been submitted that the Passport of the respondent was with the DRI, in the circumstances, the DRI was directed to ensure that a personnel of DRI accompanies the respondent for the renewal of the respondent s VISA and that the renewal of the VISA was made in accord .....

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..... counsel for proceeding further the case during his stay abroad and no adjournment shall be sought by his counsel for lack of instruction from the accused; 6) That he shall surrender his passport on his return from abroad; 7) That he shall not indulge or commit such like offence(s) again similar to the offence to which he is accused in the present manner. The respondent has submitted that as per the impugned order which aspect is not refuted on behalf of the petitioner the respondent was arrested on 20.7.2019 and granted bail on 13.9.2019. The respondent had submitted before the Trial Court that he wanted to go back to his country to look after his family as his family is facing financial difficulty in his absence with it .....

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..... ax or duty or does not contain a tax, duty, customs or exchange regulation of the same kind as the law of the Requesting Party. It thus becomes apparent that the requested party in terms of the treaty of extradition between the Republic of India and Republic of Korea dated 05.10.2004 would be bound to extradite the person who has allegedly committed the offences qua taxation, custom duty, foreign exchange, control or other revenue matters except for in accordance with the provision of Articles 3 4 of the said treaty. It becomes apparent thus in terms of the Extradition Treaty even if a Korean citizen is permitted to travel abroad, he can be extradited back to this country with it also having been observed vide order dated 20.11.2020 that .....

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