VIPIN NAIR INTELLIGENCE OFFICER NACOTICS CONTROL BUREAU MUMBAI Vs. GULAM MOHAMMED MALIK R/O PANZINARA SHUMBAL ROAD PATAN BARAMULLA

JUDGEMENT

(1.) This confirmation case as also the Criminal Appeal No.528 of 2008 arise out of the judgment and order dated 03.08.2011 passed by the Special Court (under the N.D.P.S.Act), Greater Mumbai, in N.D.P.S.Case No.60 of 2002.

(2.) By that order, the learned Sessions Judge found Gulam Mohammad Malik (hereinafter referred to as 'Accused No.1') guilty for having committed offence under section 8 (c) punishable under section 20(b) (ii) punishable under section 31- A of the Narcotics and Psychotropic Substances Act, 1985 (for short the 'Act') - for having been previously convicted for the offence punishable under section 8 (c) read with Section 20(b) vide Sessions Case No.01/2002 by the Additional Sessions Judge, Sabarkantha, Himmatnagar, Gujarat State. Consequently, the Special Court sentenced the Accused No.1 to death and ordered that he shall be hanged by neck till death. The execution of the sentence is subject to the confirmation of this Court. The Special Court came to the conclusion that no offence against Accused No.1 is proved under section 29 of the Act and accordingly, acquitted him of the offence punishable under section 29 read with section 8(c) and 20(b) (ii) of the Act.

(3.) The Special Court however acquitted Gurudev Singh Vora (hereinafter referred as 'Accused No.2') of the offence punishable under section 25 read with section 20 (b) (ii) and 8(c) of the Act.