The Danish high court has rejected main accused in the 1995 Purulia arms drop case Kim Davy’s plea that the CBI’s arrest warrant cannot be the basis for his extradition to India since it had expired. The Danish court is likely to hear India’s plea seeking extradition of Davy in the first week of July.
According to sources, Davy’s plea that the CBI’s warrant against him was an old one, did not affect the appeal proceedings in the Danish high court. Talking to reporters, CBI spokesperson Dharini Mishra said, “Thus for all practical purpose the warrant issued by Kolkata court has been executed by the Danish police on the request of the CBI.”
She further said, “The CBI officials convinced the high court with the help of local officials that as per the Indian law a warrant issued by a competent court remains in force till it is executed or it is cancelled by the same court. 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.”
The advocate for the accused Davy made a submission before the Danish court that the warrant against his client was an old one after which the CBI got it extended from the special court in Kolkata. This plea of Davy was dismissed by the concerned court.