The HC ruling came on a petition filed by the gangster, who was extradited from Portugal in 2005, challenging the production warrant issued in 2014.
"The order of issuance of production warrant passed by 14th Additional Sessions Judge, Bhopal in relation to the petitioner (Salem) alone is without jurisdiction and deserves to be set aside and is hereby quashed," Justice Vivek Agarwal observed.
Alok Vagrecha and Pushpendra Dubey, the counsels for Salem, said their client was extradited to India in pursuant to the orders of Ministry of Justice, Portugal, dated March 28, 2003, that said he can be tried in nine cases only.
After hearing the contention of both parties, Justice Agarwal observed "...since no request for extradition was made in relation to offence registered at Police Station Parvalia Sadak, Bhopal, seeking extradition of the petitioner, he cannot be tried in respect of an offence which does not form part of the decree of extradition."
The gangster is currently lodged in Taloja jail in Navi Mumbai.
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