Kim Davy cannot be extradited to India to face trial for the sensational dropping of arms in Purulia in 1995, in which he is the main accused, with the Danish high court rejecting a plea by the government there.

The plea by the Danish government to allow 49-year-old Davy, who is also known as Niels Holck, to be extradited in the Purulia case was dismissed on the ground he would risk "torture or other inhuman treatment" in India.

A CBI spokesperson quoting initial reports from Denmark said the "plea has been denied on the grounds of jail conditions and human rights issues which is a subject outside the purview of the investigation agency."

The five-judge bench of Denmark High court upheld the decision of a lower court which had rejected Danish government's move to allow CBI's request for extradition of Davy after getting a number of soverign assurances from India including that no death penalty would be imposed on him and permission to serve imprisonment, if decided by court, in Denmark prisons.

The Danish government had appealed against the order of the lower court before the High Court which had reserved its decision.

The CBI spokesperson said the copy of the judgement was awaited.

"There has been no adverse comments comments about the CBI investigations.

"Once the judgement is received, the CBI will request the Ministry of Justice, Denmark government, through diplomatic channels, to appeal against the verdict in the Supreme Court of Denmark," the spokesperson said.