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Mauritius: The Bombay High Court calls into freedom an Indian convicted of drug trafficking by the Mauritian justice




Mauritius: The Bombay High Court calls into freedom an Indian convicted of drug trafficking by the Mauritian justice
Sentenced in 1999 to 30 years in prison in Mauritius for drug trafficking, an Indian citizen who had been transferred to the great peninsula in 2008 following judicial agreements between the two countries to serve the remainder of his sentence was released Tuesday by the High Court of Bombay.

That Court ruled after a first call (sentence reduced to 20 years by the Indian Ministry of Interior ) that the penalty for the offence of drug trafficking could not exceed 10 years in prison, arguing that the 371.3 grams of heroin seized in his possession in May 1996 by the Mauritius police were a low quantity that is 22.4 grams.

The Indian citizen in prison since 1996 has thus received an immediate release.
 
For some lawyers on the island this Mauritian sovereign verdict quashed by an Indian Court does not pass, even if in some cases the Mauritian law allows an inmate to benefit from the legislation of the country to which he is transferred.

For lawyer Ajay Daby, "the general rule is that a sentence in a country cannot review in a foreign country" and if the judicial process turns out to be legal in itself on the merits and the form, "this judgment is a lack of consideration for the Mauritian justice," as the newspaper L'Express Mauritius relates.



Fabrice François


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