Supreme Court · 2022 INSC 671 · Decided 11 July 2022
Abu Salem Abdul Kayyum Ansari v. The State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2022 INSC 671 · [2022] 12 S.C.R. 169
- Case number
- CRIMINAL APPEAL No. 679/2015
- Decided
- 11 July 2022
- Bench
- SANJAY KISHAN KAUL, M.M. SUNDRESH (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 432, 433, 428; Constitution Article 72(1), 74
Headnote
Extradition Act, 1962: Sovereign assurance - In the instant case, appellant was extradited from the Republic of Portugal and custody of the appellant was handed over to Indian authorities - Government of India submitted a solemn sovereign assurance under the Portuguese law that penalty or imprisonment for a term beyond 25 years - Trial Court convicted the appellant and sentenced him under the different provisions of law - Held: Separation of Judicial and Executive powers and the scheme of the Indian Constitution cannot bind the Indian courts in proceedings
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