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The Extradition Act, 1962

24.  Discharge of person apprehended if not surrendered or returned within two months.

if a fugitive criminal who, in pursuance of this  Act, has  been committed  to prison to await his surrender or return to  any foreign State 1*xxx is not conveyed out of India within two months after such committal, the High Court, upon application made to it  by or  on behalf  of the  fugitive criminal and upon proof that reasonable notice  of the  intention to make such application has been given to  the Central  Government,  may  order  such  prisoner  to  be discharged unless sufficient cause is shown to the contrary.

Extradition Act, 1962 Back

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