Shaikh Istiyaq Ahmed was convicted by Supreme Court of Mauritius for possession of 152.8 grams of heroin and was sentenced to imprisonment for 26 years. He was transferred to India as per The Repatriation of Prisoners Act, 2003 on 04/03/2016.
Incompatibility with Indian law is with reference to enforcement of sentence, imposed by Supreme Court of Mauritius, being contrary to fundamental laws of India. On a combined reading of 2003 Act and Sentenced Prisoners’ Agreement between India and Mauritius, reasons recorded by Central Government, to reject request for scaling down sentence, are in accordance.
– Hon’ble Justice L. Nageswara Rao, Shaikh Istiyaq Ahmed v. Union of India, [Criminal Appeal No. 71 of 2022].
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