Law:

Section:

(a) Extradition Act (XXI of 1972)--S.8(2)---Inquiry before Magistrate ---Affidavit-in-evidence---Non­appearance of witness before Inquiry Magistrate---Effect---Where material/evidence brought against fugitive offender including deposition of a witness in form of affidavit duly recorded before Magistrate of Treaty State and certified by the Attorney-General was produced before the Inquiry Magistrate, the same was in line with requirements of S:8(2) of Extradition Act, 1972---Personal appearance of witnesses before the Inquiry Magistrate was not necessary in circumstances. Muhammad Azim Malik v. Government of Pakistan and others PLD 1989 SC 519 fol. (b) Witness-- ---- Person performing duty of special agent, to observe the activities of an accused person is not an actual associate of the accused or even his companion---Evidence of such person is considered as that of a witness and not as an accomplice or an approver. (c) Extradition Act (XXI of 1972)--- ----Ss. 8, 9 & 12---Constitution of Pakistan (1973), Art. 185(3)---Extradition of fugitive offender---Inquiry before Magistrate---Affidavits in evidence of witness against fugitive offender---Non-submission of written statement by fugitive offender in support of his innocence---Contention by the fugitive offender was that the inquiry was not conducted by a Competent Authority under S.8 of Extradition Act, 1972,' evidence was not properly appraised by the Inquiry Magistrate and the Federal Government did not form its own independent opinion and that too without obtaining written statement from the fugitive offender, therefore, he was entitled to be discharged under S.12 of Extradition Act, 1972---Validity---Observations of Supreme Court in the case of Muhammad Azim Malik reported as PLD 1989 SC 519 .being applicable to the facts of the case, leave to appeal was refused. Muhammad Azim Malik v. Government of Pakistan and others PLD 1989 SC 519 fol. . Nasarullah Khan Henjra v. Government of Pakistan, Ministry of Interior and Narcotics Control (Interior Division), Islamabad and 3 others 1998 SCMR 1072; Khalid Khan and another v. Government of Pakistan through Ministry of Interior and Narcotics Control, Islamabad…

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