In the Court of Hon’ble Additional Chief

Metropolitan Magistrate, Esplanade,

Mumbai in
Criminal Complaint No. ___/SW/______

Assistant Commissioner. ) Complainant

of Service Tax, Mumbai-V ) (Applicant)
(in complaint No. ________)

Versus

1. ____________________ ) …Accused

Application on behalf of the Complainant (Applicant) herein:-

The Applicant most humbly sheweth:-

1) The Applicant herein states and submits that the Hon’ble

Additional Chief Metropolitan Magistrate (herein after referred to

as “Addl. CMM”), vide his Order dated _________ had ordered

issuance of Non Bailable Warrants (NBWs) against

___________(Accused No. 2) and _______________ (Accused

No.3) in respect of the Application dated _______________

moved by the Complainant Department to secure the presence

of Accused No.2 and Accused No.3 as they failed to comply with

the Order dated _____________ passed by this Hon’ble Court.

2) The Applicant herein states and submits that in pursuance of the

above, the Hon’ble Addl. CMM was pleased to issue the Non

Bailable Warrants against the accused No.2 and 3 on

______________ in both the cases, returnable on __________

 along with the covering letter to the Secretary, Ministry of Home

Affairs, New Delhi for its execution.

3) The Applicant herein states and submits that the Non Bailable

Warrants were forwarded for their execution. However, it was

learnt that the NBWs are required to be executed through the

Ministry of External Affairs in terms of the “Guidelines for Indian

law enforcement agencies for extradition of fugitives from

abroad” issued by the Ministry of External Affairs (herein after

referred to as “MEA”). Annexed hereto and marked as ‘Exhibit

1’ is the copy of the said guidelines.

4) The Applicant herein states and submits that the accused No.2 is

known to be presently residing in _________ and the accused

No.3 is known to be presently residing in ______________ and

the request for extradition is required to be made to the

concerned judicial authority of the foreign country, through the

MEA.

5) The Applicant herein states and submits that in terms of the

above mentioned guidelines issued by the MEA, two separate

sworn self-contained affidavits (in duplicate) viz. in respect of

___________ (Accused No. 2) and ______________ (Accused

No.3) have been sworn by the Deputy Commissioner, Division-

II, Service Tax-V before this Hon’ble Court on

_________________. Annexed hereto and marked as ‘Exhibit

2’ is affidavit (in duplicate) in respect of ____________. Further

annexed hereto and marked as ‘Exhibit 3’ is affidavit (in

duplicate) in respect of ____________________.

6) The NBWs issued on ________ which were returnable on

___________ and later on revalidated and made returnable on

_____________ are being surrendered to the Hon’ble Court and

are enclosed with this application.

7) The Applicant herein prays-

a) that the Hon’ble Court may be pleased to issue fresh open

dated Non Bailable Warrants against _________ (Accused No. 2)

in the case _____________;

b) that the Hon’ble Court may be pleased to issue fresh open

dated Non Bailable Warrants against _____________ (Accused

No.3) in the case No.____________;

c) that the Hon’ble Court may issue letter of request to the

Competent Judicial Authority of the ________________ for

extradition of ___________ (Accused No. 2) in case

No.____________;

d) that the Hon’ble Court may issue letter of request to the

Competent Judicial Authority of the _____________ for

extradition of _______________ (Accused No.3) in Case

No._______________;

e) any such other and further order/direction that this Hon’ble

Court deems fit and proper in the interest of justice.

8) VERIFICATION

I, ____________, Aged 34 years, Deputy Commissioner,

Division-II, Service Tax-V (the Applicant) do hereby solemnly

declare that what is stated in the foregoing Application is true to

my knowledge, information and beliefs, and I believe the same to

be true.

Solemnly declared at Mumbai )

This Day of _____________) Deponent

Before me,

(_____________)
Advocate for the Applicant