Rash Driving: Delhi Court recommends Extradition of Criminal to Australia for killing Pedestrian

rash driving case - law insider

Aanchal Agarwal –

Published on: September 1, 2021, at 19:43 IST

Delhi Court recently recommended the extradition of an Indian man to Australia for killing a pedestrian there due to rash and negligent driving.

Puneet was also charged for improper use of foreign travel documents.

Additional Chief Metropolitan Magistrate Akash Jain dismissed the argument raised by the fugitive that he was being targeted by the Australian Authorities based on his race and nationality.

It was stated that on the 1st of October 2008 Puneet was driving a sedan car in a drunken state which led to an accident causing the death of Dean Byron Hofsee and also injuring Clancy Coke.

The Melbourne Magistrate’s Court granted him Bail under several conditions. His Bail was later on extended due to the proceedings being adjourned.

Afterwards, Puneet did not appear before the Court for the later proceedings so a warrant was issued against him by the County Court for the same offences stated before.

However, Puneet had left Australia on 12th June 2009 using another Indian’s passport named Sukhcharanjit Singh.

The Australian authorities then sent a formal request for the extradition of Puneet from India to the Indian Government.

The request was moved forward by the Central Government before the Delhi Court.

The Court then issued a warrant against him and he was then sent to Judicial Custody.

To make sure if the criminal should be extradited to Australia or not, the Court compared the Australian provisions under which he was charged to the provisions mentioned in the Indian Penal Code.

The Court observed that “Since, the offences prima-facie made out against FC under Indian Law are under Section 304 Part-II IPC, Section 279/338 IPC and Section 12(1)(d) of Passports Act, which are punishable with imprisonment for a period more than one year and up to 10 years, they fulfil the criteria of ‘extradition offence’ as defined in the Treaty”.

The Court also added that “In view of my report, I hereby recommend to the Union of India the extradition of FC Puneet to the Requesting State i.e. Government of the Commonwealth of Australia for facing trial for the offences”.

Click here to read/download the Order

Also Read:Recent Extradition Cases fought by India




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