A BACKPACKER jailed in India for drug smuggling is applying to be transferred to a UK prison after giving up hope of winning an appeal against his conviction.

Patrick Malluzzo and his family have always maintained the former City worker’s innocence after he was imprisoned in 2004.

The 33-year-old was found guilty in 2006 and failed to have his conviction overturned in February after four years of fighting to get an appeal hearing.

Now Patrick and his family have dropped plans to launch another appeal and instead are trying to have him transferred to a UK jail.

In a statement Patrick said: “I want to return to the UK so I can be close to my family.

“I implore the governments of the UK and India not to hold up my family’s reunion. Please bring me home as soon as you can.”

His mother Teresa, of Upper Heath Lane, Dartford, said: “The most important thing is to bring him home.

“We don't know how long it will take.

“We could go to the Supreme Court but that will take another two years.

“We just came to the conclusion to waste another two years is two years too long.”

From June Patrick will have three-and-a-half years left to serve on his 10-year sentence.

Fears for his health have made the need to bring him home all the more urgent.

Mrs Malluzzo said: “His condition is not improving and it might not be reversible.

“He has prostatitis which means he has problems going to the toilet and passing water.

“We hope it can be corrected, that's the worrying thing. He gets treatment there but sometimes it doesn't work.”

The 62-year-old, who has not seen her son for seven years, said: “It's not just Patrick's decision (to drop any appeal) but all of ours. He's worried about us because we are not getting any younger and we are worried about him.”

Throughout his prison sentence, Patrick has had the support of Fair Trials International, which described his trial as “a travesty of justice”.

The charity’s chief executive, Jago Russell, who visited Patrick in March, said: “We hope the British and Indian governments will now do everything in their power to get Patrick home as soon as possible.”

Visit the charity’s website at fairtrials.net