3 lakhs was paid to him by the nawab to be kept in safe deposit in a bank for the nawabs use in delhi that numberoffence was committed and that the amount was returned when demanded by the authorities of the tonk state.
article vi of the companyenant of merger runs as follows the ruler of each companyenanting state shall as soon as practicable and in any event number later than the first day of may 1948 make over the administration of his state to the raj pramukh and thereupon a all rights authority and jurisdiction belonging to the ruler which appertain or are incidental to the govern ment of the companyenanting state shall vest in the united state and shall hereafter be exercisable only as provided by this covenant or by the companystitution to be framed thereunder b all duties and obligations of the ruler pertain ing or incidental to the government of the companyenanting state shall devolve on the united state and shall be discharged by it and c all the assets and liabilities of the companyenanting state shall be the assets and liabilities of the united state.
the facts of the case and the arguments of companynsel are set out fully in the judgment.
in january 1948 he was appointed administrator of the tonk state where a dispute was going on at that time regarding succession to the rulership of the state between two rival claimants.
the warrant which is dated the 8th of may 1949 was addressed to the district magistrate of naini tal and directed the arrest of dr.
by the covenant of merger the companyenanting states agreed to unite and integrate their territories in one state knumbern as the united state of rajasthan and to have a companymon executive legislature and judiciary.
various technical objections were also raised to the validity of the warrant and to the jurisdiction of the magistrate at nainital to take companyni sance of the matter and arrest the appellant.
the facts which are material for purposes of this appeal are number in companytroversy and may be shortly stated as follows the appellant dr.
after his arrest the appellant was released on bail in terms of the warrant itself and was directed to be present before the district magistrate of tonk on the 7th of june 1949.
the warrant was issued mala fide on account of enmity.
21/2 lakhs was paid on 31st march 1948 and a further sum of rs.
the rulers of all the states became members of the companyncil of rulers and the president was designated as the raj pramukh of the united state.
the allegations against the appellant in substance are that while he was the dewan of the tonk state and vice president of the state companyncil the nawab being in urgent need of money to meet his personal demands requested dr.
the judgment of kania c.j.
150000 in two instalments.
3 lakhs out of this amount as his share.
as a result of these threats and misrepresentations the nawab was induced to pay to the appellant the balance of rs.
14 lakhs from the state treasury.
on that date it is said the nawab paid to dr.
saksena and his removal to rajasthan to be delivered to the district magistrate of tonk for enquiry into certain of fences against the laws of that state which he was alleged to have companymitted.
saksena promised his assistance on companydition that the nawab would give him a sum of rs.
the legality of the warrant and of arrest thereunder was at tacked on a number of grounds.
saksena a sum of rs.
saksena filed an application in the high companyrt of allahabad under sections 491 and 561 a of the criminal procedure companye companyplaining of illegal and unauthorised detention under the warrant of the regional commissioner of rajputana dated the 8th of may 1949.
it was companytended first of all that the applicant was falsely implicated by the nawab on account of enmity which grew up between them for various reasons and the allegations made were totally false.
on the basis of these facts dr.
on 11th of february 1948 the dispute was set tled and ismail ali khan was recognised as the nawab or the ruling prince of the state and appellant was then appointed dewan and vice president of the state companyncil of which the nawab was the president.
the high companyrt overruled all the objections and dismissed the application for the release of the appellant.
c. setalvad attorney general for india v. n. sethi with him for the respondent.
saksena to help him in obtaining for his own use a sum of rs.
the first instalment amounting to over rs.
saksena for an interview and succeeded in getting back from him the entire sum of rs.
5 lakhs was paid on 21st of april following.
towards the end of july 1948 he got anumberher special post under the rajasthan government but soon afterwards he took leave and proceeded to naini tal where he has been residing since then.
appellate jurisdiction criminal appeal number ii of 1949.
the appellants case is that the sum of rs.
a few days later dr.
in april 1948 the tonk state together with several other states in rajputana integrated and formed together the united state of rajasthan and the appellant thereupon became the chief executive officer of the rajasthan government.
on 3rd june 1949 dr.
on 23rd may 1949 he was arrested at naini tal on the strength of a warrant issued under section 7 of the indian extradition act 1903 by shri v.k.b.
appeal by special leave from the judgment of the allaha bad high companyrt harish chandra j. dated 11th numberember 1949 in criminal miscellaneous case number 960 of 1949.
saksena has been accused of having companymitted offences under sections 383 and 420 of the indian penal companye.
14 lakhs to the nawab out of the state treasury for the discharge of his debts and to have induced the nawab by threats and deception to pay the appellant in return for such help sums totalling rs.
the matter became knumbern to the regional companymissioner some time in numberember 1948 and he called dr.
ram babu saksena who is a resident of the united provinces was a member of the executive civil service in that province and during his official career extending over so years held various important posts both in and outside that province.
3 lakhs which the nawab had paid.
saksena pressed for payment of the balance and held out threats to the nawab that in case the money was number paid the latter would find himself in serious difficulties as his position as a ruling prince of the state was number at all secure and there were grave charges against him.
later on on 12th of may 1949 mewar also became a party to this companyenant and the united state of rajasthan was reconstituted by the integration of the territories of all the ten states.
alladi krishnaswami iyer alladi kuppuswami with him for the appellant.
3 lakhs on various dates.
may 5.
the appellant who is a member of the uttar pradesh civil service was appointed in 1948 to serve what was then knumbern as the tonk state in various capacities and during such service he is alleged to have helped the nawab in obtaining the sanction of the government of india to the payment of rs.
the warrant was issued under section 7 of the act to the district magis trate nainital where the appellant was residing after reverting to the service of the uttar pradesh government to arrest and deliver him up to the district magistrate of tonk.
and patanjali sastri j. was delivered by patanjali sastri j. this is an appeal by special leave from an order of the high companyrt at allahabad dismiss ing an application under sections 491 and 561 a of the companye of criminal procedure for release of the appellant who was arrested in pursuance of an extradition warrant issued by the regional companymissioner of the united state of rajasthan who is the principal officer representing the crown in the territory of that state.
