A Division Bench comprising Justice Mukul Mudgal and Justice P K Bhasin said, "Finding of the extradition magistrate shall be treated only as a prima facie and not as a conclusive evidence against the petitioner (Kohli), whatever the reasoning given by the magistrate."

Kohli had approached the Delhi High Court challenging the extradition order of June 8, seeking its modification.

Counsel appearing for Kohli contended that the finding recorded by the extradition magistrate conclusively indict him, which is against the law. "Extradition magistrate has no power to go into the merits of the case. The finding of the magistrate in my case comments on the merits and these findings would severely prejudice my case in the United Kingdom," Kohli said.

Accepting the contention of Kohli, the court said, "The magistrate has held that there is a case against Kohli, nevertheless to allay the apprehension the report of extradition stands modified and it would only be a prima facie evidence against him."