A backpacker serving a hard labour sentence in an Indian jail has admitted defeat in his fight for freedom.

Patrick Malluzzo, who is more than halfway through a 10-year jail term for drug smuggling, has been waiting for four years for an appeal to be heard against his conviction.

But following the latest setback in February, when judges again refused to hear the case, the 32-year-old, of Upper Heath Lane, Dartford, has decided to end his battle and apply for transfer to a UK prison.

The former city worker, jailed for smuggling cannabis during a trip to India in 2004, could have previously applied for transfer but this would have meant admitting his guilt, something he and his parents, Theresa and Salvatore, have always denied.

They have all now decided they will not appeal against Patrick's conviction in the Indian Supreme Court, which could mean him spending another two years in an Indian jail. Instead they have asked the British and Indian governments to let him come home.

Patrick said: "My family and I have been fighting for justice in India for the last six years - a fight which has taken a serious toll on all of us. I want to return to the UK so I can be close to my family.

"We do not think we could continue the fight in the Supreme Court and live through another two years of this ordeal while that goes on."

Jago Russell, chief executive of Fair Trials International, has been fighting against Patrick's conviction. He said: "Patrick and his family have shown great courage over the last six years and it is a travesty that this young man will come home with a guilty conviction.

"We hope the British and Indian Governments will now do everything in their power to get Patrick home as soon as possible."