Kathmandu, February 8:

If prosecuted in a Nepali court, alleged kidney smuggler Dr Amit Kumar, would face charges under Human Body Organ Transplant (Regulation and Prohibition) Act 1998 or Human Trafficking (Control) Act 2007.

If convicted under either of these Acts, he may face up to 10-year jail sentence and Rs 2 lakh as fine, in the charge of racketing human bodies.

Upendra Kanta Aryal, SSP of Metropolitan Police Circle Kathmandu, said today that Nepal Police has been investigating Kumar’s crime under the Human Body Organ Transplant (Regulation and Prohibition) Act 1998.

Criminal lawyers, however, said such a kidney racket kingpin can be prosecuted under 1998 or 2007 Act and Kumar can also be prosecuted in possession of foreign currency in Nepal illegally. “He can be prosecuted under foreign currency possession case too since one cannot possess foreign currency without prior approval from Nepali authorities,” Criminologist Dr Rajit Bhakta Pradhananga said.

Upon arrest the police had seized Euro 1,45,00, $18,900 and a draft worth Indian Rs 9,36,000 from the kingpin.

Dr Pradhananga also added that Kumar deserves prosecution in Nepal rather than extradition to India.

Kathmandu District Government Attorney Surendra Thapa said that he would decide whether or not to prosecute Kumar in Nepal once the police submits its preliminary investigation of this case.