Nishka Srinivas Veluvali
Published On: January 12, 2021
The Supreme Court refused to decrease the Sentence imposed to the Indian Convict by the Supreme Court of Mauritius, who was Repatriated to India as per the Repatriation of Prisoners Act, 2003.
The Bench of Justice L Nageswara Rao and BR Gavai held that the duration of the Sentence awarded will be governed by the Convention of the transfer between the foreign countries and India.
The Indian Government has the eligibility to amend the Sentence awarded by the foreign Court if it is incompatible with Indian Law.
Although the Supreme Court stated that just because the Sentence awarded to the Convict is higher than the one prescribed in the Indian Law does not imply that the Sentence is incompatible with the Indian Law.
Incompatibility herein signifies being contrary to the Fundamental Laws of India.
These observations by the Supreme Court were made while hearing the Petition filed by the Centre against the Order prescribed by the Bombay High Court which had considered the Writ Petition to reduce the Sentence awarded to the Respondent by the Supreme Court of Mauritius on the grounds on incompatibility towards Indian Law.
The Respondent was convicted under the Section of 30(1)(f)(II), 47(2) and 5(2) of the Dangerous Drugs Act by the Supreme Court by Mauritius for keeping the possession of 152.8 grams of Heroin. The Supreme Court of Mauritius hereafter Ordered for 26 years of Imprisonment.
On 4 March 2016, the Respondent was transferred to India according to the Repatriation of Prisoners Act, 2003. The Respondent had approached to the Court for the reduction of the Sentence from 26 years to 10 years as per the Section 21 (b) of the Narcotics Drugs and Psychotropic Substances Act, 1994 as for the Crime being the same.