The petitioner was caught in May 1996 at a Mauritius airport for carrying 371 gm of heroin and was sentenced to 30 years by a court there. A presidential pardon reduced the sentence to 23-and-a-half years.
The man claimed he was convicted on December 18, 1997, but a mistake in arrest records showed the date to be January 8, 1999. Because of the error, he claimed, he had to serve an extra year in custody in Mauritius.
In 2008, he was repatriated to India and has been in prison since.
The petitioner has also sought release under Indian law, as his offence attracts a maximum imprisonment of 10 years here, which he has already undergone. His contention is since he has been repatriated to India, laws of the country should apply.