Kumar faces 10 years in US jail

In fact,his bond hearing on September 2 is very crucial because if it is not in his favour,Kumar may have to be in detention for “weeks,months or even longer”,said his defence lawyer,Grant Scheiner.

Scheiner said under the US federal law,carrying knuckles within a ‘secured area’ is a third degree felony,attracting a fine upto $10,000 and 2-10 years’ imprisonment.

But under the laws in Texas state where Kumar was arrested,he faces a year’s imprisonment and is liable to pay a fine up to $4,000.

The federal law (Transportation Security Administration),however,allows knuckles to be carried in checked-in baggage.

The defence is going to use the plea that Kumar carried the knuckles without the knowledge it was prohibited. “The Transportation Security Administration says brass knuckles are not prohibited if they are carried in checked-in baggage. In the case of Kumar,he had carried the knuckles in checked-in baggage,” said Scheiner adding,“He has been incarcerated for nine days. The United States government is attempting to revoke his visa but will not state why. If the immigration judge does not grant him bail on September 2,Kumar could remain in detention for weeks,months or even longer.”

He is now in the detention of federal authorities. Only if the the bond hearing is in his favour can he appear for trial in the county court in Texas. To get him from federal detention to the county court is going to be tough,according to his defence attorney.

“There appears to be a conflict between federal law and Texas state law. Unfortunately,the defence of ‘mistake of law’ is usually only available if a person elects to have a trial in his case. It normally takes at least several months to schedule a trial in Harris County,Texas. That is why the bond hearing on September 2 is very important. We do not want Kumar to remain locked up while he is waiting for his trial in Harris County,” said Scheiner.