Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Repatriation of Prisoners Act 2003 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Repatriation of Prisoners Act, 2003 – ss.12, 13(6) – Adaptation of sentence, when permissible – Dangerous Drugs Act – ss.30(1)(f)(II), 47(2), 5(2) – Narcotics Drugs and Psychotropic Substances Act, 1994 – s.21(b) – International Convention/Treaties – Transfer of Sentenced Prisoners’ Agreement between India and Mauritius – Article 8 – Continued enforcement of sentence – Respondent convicted by Supreme Court of Mauritius under Dangerous Drugs Act, sentenced to imprisonment for 26 years – Transferred to India under the 2003 Act – His representation u/ s.13(6), 2003 Act to scale down the sentence to 10 years as per s.21(b), NDPS Act was rejected by Central Govt. – Challenged, writ petition allowed by High Court – On appeal, held: Question of adaptation of the sentence can only be when the Central Government is convinced that the sentence imposed by the Supreme Court of Mauritius is incompatible with Indian law – Incompatibility with Indian law is with reference to the enforcement of the sentence imposed by the Supreme Court of Mauritius being contrary to fundamental laws of India – It is only in case of such an exceptional situation, that it is open to the Central Govt. to adapt the sentence imposed by the Supreme Court of Mauritius to be compatible to a sentence of imprisonment provided for the similar offence – Further, reference to Indian law in s.13(6) is not restricted to a particular section in NDPS Act – Even in cases where adaptation is considered by Central Govt., it does not necessarily have to adapt the sentence to be exactly in the nature and duration of imprisonment provided for in the similar offence in India – In the present case, the sentence imposed by the Supreme Court of Mauritius is binding on India – Order of the Central Govt. upheld. Repatriation of Prisoners Act, 2003 – Object of – Discussed. Repatriation of Prisoners Act, 2003 – ss.12, 13(6) – Interpretation of – Held: s.12 makes it clear that the transfer of a prisoner who is a citizen of India from a contracting State wherein he is undergoing sentence of imprisonment may be accepted by the Central Government, subject to certain conditions that may be agreed between India and the contracting State – s.13(6) empowers the Govt. of India to adapt the sentence compatible to the sentence of imprisonment provided for a similar offence had that offence been committed in India, provided the sentence of imprisonment passed in the contracting State (Mauritius) is incompatible with Indian law. Repatriation of Prisoners Act, 2003 – s.12(2) – Scope of – Discussed. Repatriation of Prisoners Act, 2003 – s.12 r/w s.13 – Principles laid down |
Judge | Hon'ble Mr. Justice L. Nageswara Rao |
Neutral Citation | 2022 INSC 38 |
Petitioner | Union Of India & Anr. |
Respondent | Shaikh Istiyaq Ahmed & Ors. |
SCR | [2022] 2 S.C.R. 679 |
Judgement Date | 2022-01-11 |
Case Number | 71 |
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