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Supreme Court of India 2017-02-01 partly_allowed

Gulam Mohammad Malik vs State of Gujarat & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant was convicted under the NDPS Act in two separate cases: one in Gujarat involving a ten-year sentence, and one in Bombay involving a death sentence. This judgment addressed two main issues: the validity of the appellant's confessional statement (which the Court upheld as voluntary despite claims it was coerced and recorded in a language he allegedly did not understand), and the appropriateness of the death sentence. The Court found that while the conviction was sound, the death sentence was excessive. Applying Section 31 of the NDPS Act (which allows enhanced punishment for repeat offenders), the Court reduced the thirty-year sentence to sixteen years' rigorous imprisonment, having regard to the appellant's age and health, and clarified that the sentences would run concurrently.">

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