Danish national could soon be extradited to India over 1995 arms smuggling case

India first asked Denmark to extradite Niels Holck, who is now in his early 60s, in 2002

Niels Holck smiles outside the Eastern High Court in Copenhagen in 2011 (AP2011)

Denmark’s top prosecuting authority said on Friday that it approved the extradition to India of a Danish national accused of involvement in an arms smuggling case 28 years ago, but that a court of law must make the final decision.

Niels Holck has admitted taking part in dropping assault rifles, rocket launchers and missiles from a cargo plane in eastern India in 1995. Indian police said they were meant for an Indian revolutionary group.

While a Briton and five Latvians were arrested by Indian authorities, Holck – previously known as Niels Christian Nielsen – escaped.

Prosecutor Henriette Rosenborg Larsen said Denmark has looked into a 2016 Indian extradition request and that “it is our assessment that the requirements in the extradition act have been met”.

It is now up to a district court to decide whether he should be extradited – and any such ruling can be appealed to a higher court, she said.

If Holck is extradited and convicted in India, he will serve any prison sentence in Denmark, Ms Rosenborg Larsen said.

India first asked Denmark to extradite Holck, who is now in his early 60s, in 2002. The government agreed, but two Danish courts overturned the extradition decision, saying he would risk torture or other inhumane treatment in India. That led to tense diplomatic relations between the countries.

Seven years ago, Danish authorities said they had received another extradition request from India.