HC commutes death sentence of drug peddler to 30-year RI

"We are of the opinion that the extreme penalty of death is not warranted. In our opinion, the accused Ghulam Mohammed Malik must be awarded the sentence of 30 years and a fine of Rs three lakh", a division bench of Justices A M Khanwilkar and R G Ketkar observed.

Malik was sentenced to death under section 31 (A) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which provides for death penalty for an accused in case of second conviction under the Act.

Malik was arrested in 2002 by the Narcotics Control Bureau (NCB) of Mumbai for allegedly smuggling 18 kgs of 'Hashish'. The Gujarat NCB, too, had registered a case under NDPS Act against Malik on charges of peddling and smuggling the contraband.

Before he was convicted and awarded death penalty by the special NDPS court in Mumbai, Malik was held guilty by a Gujarat court under similar charges.

After he had been awarded a death sentence in 2008 by the Special NDPS Court, Malik approached the High Court challenging the verdict. The same bench of the High Court had in June 2011 observed that the NDPS section, which provides for death penalty, was violative of Article 21 of the Constitution (Right to Life) and sent back Malik's case to the special court for fresh hearing.

The High Court had then held that the lower court has the discretionary power to decide whether the accused convicted twice deserves death penalty or not.

The lower court after giving a fresh hearing in August 2011, however, stuck to its previous verdict handing down the capital punishment to Malik, following which he moved the High Court.

The High Court after hearing both the prosecution and defence arguments held that the death penalty was "too severe" and reduced it to 30 years rigorous imprisonment.