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Delhi HC orders release of fugitive criminal over non-extradition to Thailand in case of importing 840 radiated tortoise

Delhi HC orders release of fugitive criminal over non-extradition to Thailand in case of importing 840 radiated tortoise

New Delhi [India], September 26 (ANI): The Delhi High Court has recently ordered the release of fugitive criminal Murugesan Manivannan and his discharge from the extradition proceedings over his non-extradition to Thailand and excessive custody in India. The Central Government said that his case has been referred to the CBI for local prosecution in India. 
The fugitive criminal was wanted in Thailand for prosecution in a case connected with the import of 840 radiated tortoises. 
Delhi's Patiala court ordered his extradition on January 6, 2026. He was to be extradited to the Kingdom of Thailand as per the provisions of the Extradition Act.
Justice Madhu Jain ordered the release of Murugesan Manivannan and his discharge from the extradition proceedings. 
Justice Jain said, "In view of the categorical stand of the respondent that the petitioner is not being extradited to Thailand and that the matter has instead been referred to the CBI for local prosecution in India, the continued detention of the petitioner pursuant to the extradition committal order cannot be sustained."
The High Court said that the petitioner cannot be continued in custody under an extradition committal order when the respondent itself has stated that the petitioner would not be extradited to the requesting State.
"Therefore, in view of the submissions and the status report filed by the respondent, the petitioner is discharged from the extradition proceedings and be released from the jail if he is not required in any other case," Justice Madhu Jain ordered on September 9.
A petition was filed through advocate Arpit Batra before the High Court seeking a direction under Article 226 read with Section 528 BNSS of the Constitution of India read with Section 24 of the Extradition Act, 1962, directing the discharge of the Petitioner.
He was committed to prison on January 6, 2026, to await his surrender to the Kingdom of Thailand but had not been conveyed out of India within two months of such committal.
He had also sought a direction to declare that the continued detention of the Petitioner after March 6, 2026, in the absence of his surrender to the Kingdom of Thailand and in the absence of sufficient cause, is contrary to Section 24 of the Extradition Act, 1962 and violative of Article 21 of the Constitution of India.
A report was filed before the Patiala House Court on August 19, 2026, that an appeal had been filed by the Madhya Pradesh Forest Department before the High Court of Madhya Pradesh, Jabalpur, challenging the acquittal order, which is presently pending adjudication.
As per the extradition request, FC Murugesan Manivannan is wanted by the Kingdom of Thailand for standing trial in Thailand in a criminal case for the offence of importing wild animals or their carcasses, i.e. 840 radiated tortoises. 
The FC had been charged with the offence of importing wild animals, or their carcasses (840 radiated tortoises) under Sections 23 and 47 of the Wildlife Reservation and Protection Act 1992, Sections 31 and 47 of the Animal Epidemics Act 1956, and Sections 27 and 27(2) of the Customs Act 1926 of Thailand, punishable with imprisonment of more than one year. 
It was stated in the extradition petition that similar conduct in India amounts to an offence under section 51 of the Wildlife Protection Act, 1972, which is punishable with imprisonment for more than one year. Thus, it was stated that the offences alleged to have been committed by the FC fulfil the criteria of dual criminality and are extraditable in terms of Article 2(1) of the Extradition Treaty between the Government of the Republic of India and the Kingdom of Thailand. 
He was arrested on August 27, 2012, at approximately 11.00 hours. The FC was arrested along with 840 radiated tortoises after he had arrived at Suvarnabhumi Airport. The FC was sent to the inquiry official at Suvarnabhumi Airport Police Station to conduct legal proceedings.
Subsequently, the inquiry official forwarded the case with a recommendation to the public prosecutor to file a lawsuit against the FC.
Thereafter, the public prosecutor ordered further investigation but was unable to sue the FC within the detention period. The FC was then released, but he fled from Thailand and returned to India. Thereafter, an arrest warrant on April 4, 2014, was issued against him. 
On July 3, 2021, Patiala House Court had issued an arrest warrant against Murugesan. However, he was found in Central Jail, Sagar, Madhya Pradesh. Thereafter, a production warrant was issued on October 11, 2021. He was produced before the Delhi Court on October 26, 2021. (ANI)

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