Tsuyoshi Nakashima, 30, is a Japanese national diagnosed with Hereditary Sensory Motor Neuropathy (HSMN). He is in the need of continuous medical attention, he says. What seems to be going against him, however, is the fact that he is a convict in a narcotics case lodged at the Nashik Road Central Prison.
Nakashima was arrested at the Chhatrapati Shivaji International Airport on May 3, 2006, while he was taking a flight to Milan via Zurich and has been in custody ever since. He was found carrying 7.5kg of hashish. He was convicted for the offence under the Narcotic drugs and psychotropic substances Act, 1985, and sentenced to 10 years’ imprisonment.
In his bail application before the Bombay high court, Nakashima has also stated that he has a history of depression and suffers from “self-impairedness, self-uncertainty, low confidence and motivation.” His petition states that he has been examined by the doctors in JJ Hospital and has been certified to have HSMN while in custody.
Nakashima’s advocates Ayaz Khan and Nilofer Saiyed added that Nakashima can only converse in Japanese. Khan said that Nakashima is already diagnosed with HSMN but further treatment is yet to be determined. He said that if it is found that HSMN, a genetic condition, was prevalent in Nakashima even during his trial, his entire trial and conviction would not stand. The high court will hear his bail application on September 23.
Dr Sanjay Kumavat, superintendent, Thane mental hospital, said it would be difficult to determine if the condition in Nakashima is hereditary or not. He added that continuous medical attention would be required only if the person has suicidal tendencies.
