Case Note & Summary
The petitioner, Prem Kishore Raj, was convicted by the Supreme Court of Mauritius on 18th December 1997 for drug trafficking and sentenced to penal servitude. He was found in possession of 371.3 grams of heroin at the airport in Mauritius. He filed a criminal writ petition in the Bombay High Court seeking a direction to the respondents to facilitate his transfer to India to serve his sentence under the Repatriation of Prisoners Act, 2003. The court examined the provisions of the Act, particularly Section 3(1), which requires a treaty or arrangement between India and the foreign country for the transfer of prisoners. The court noted that the petitioner had not provided any evidence of such a treaty or arrangement between India and Mauritius. Additionally, the petitioner's citizenship was in question, as he had not produced any proof of Indian citizenship. The court also observed that the petitioner had not exhausted his remedies in Mauritius and that the petition was premature. The court dismissed the petition, holding that it was not maintainable and that the petitioner had failed to make out a case for relief.
Headnote
A) Repatriation of Prisoners - Transfer of Convicted Prisoners - Section 3(1) Repatriation of Prisoners Act, 2003 - The petitioner, convicted in Mauritius for drug trafficking, sought transfer to India to serve his sentence. The court held that the Act requires a treaty or arrangement between the two countries, which was not shown to exist. Additionally, the petitioner failed to establish that he is an Indian citizen. The petition was dismissed as premature and not maintainable. (Paras 1-16) B) Criminal Writ Jurisdiction - Maintainability - Extradition and Repatriation - The court noted that the petitioner had not exhausted remedies in Mauritius, and the petition was filed without any formal request from Mauritius or consent from India. The court declined to entertain the petition in the absence of a legal basis. (Paras 10-16)
Issue of Consideration
Whether the petitioner, a convicted drug trafficker in Mauritius, is entitled to be transferred to India to serve his sentence under the Repatriation of Prisoners Act, 2003, and whether the petition is maintainable in the absence of a treaty or arrangement between India and Mauritius.
Final Decision
The Bombay High Court dismissed the criminal writ petition, holding that it was not maintainable as the petitioner failed to show compliance with Section 3(1) of the Repatriation of Prisoners Act, 2003, and there was no treaty or arrangement between India and Mauritius for transfer of prisoners.
Law Points
- Repatriation of Prisoners Act
- 2003
- Section 3(1) requires consent of both countries
- Petitioner must be a citizen of India
- Conviction must be for an extraditable offence
- Treaty or arrangement necessary
