Convicted in Mauritius for 23-and-half years for drug peddling, a convict has sought relief under the Indian law after his repatriation in 2008.
Convicted in Mauritius for 23-and-half years for drug peddling, a convict has sought relief under the Indian law after his repatriation in 2008.
A division bench of justice AM Khanwilkar and justice PD Kode has asked directed the counsel for union government, Kiran Kandpile, to file reply within six weeks.
Prem Kishor Raj who was barely 21 years old when he was arrested by the Mauritius police in May 1996 for peddling drugs. He was found guilty of possessing 371.3 grams of heroin which had purity of 6 per cent.
He was convicted by the Mauritius court on December 18, 1997 for life imprisonment. As per the Mauritian law, life imprisonment is for 30 years. However, later his sentence was reduced to 23-and-half years.
As per agreement between India and Mauritius, Raj was repatriated to India in 2008. However, his repatriation documents showed that he was convicted on January 1, 1999.
He filed a petition in the Bombay high court seeking that he should be given relief as per the Indian law and released early.
Gayatri Singh, Raj’s advocate, argued that although he was found in possession of 371.3 grams of heroin, as per the purity report it would be merely 22 grams. “Even our Supreme Court has said that the purity of the narcotic substance should be taken into account,” argued Singh.
The agreement between the two nations permits the convict to take benefit of the law prevailing in the parent country.
“According to the quantity found on him, section 17 of the Narcotic Drugs and Psychotropic Substances Act would be applicable to him which provides for maximum 10 years sentence,” added Singh.
Praying for an early release of Raj, Singh said that he has also got a good character certificate from jail where he has been lodged since 2008.
“His entire youth has been spoilt because of his one mistake,” said Singh.
Also, because of the mistake in his conviction date noted in the repartition documents, he has lost out on two years which he has already spent behind bars.
While admitting his petition, the high court has granted liberty to Raj to make a representation before the concerned authority to get his conviction date rectified.
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