INDIA: DEATH PENALTY UPHELD FOR DRUG OFFENDER

Ghulam Mallik, 49, from Kashmir, was sentenced to death a second time by the NDPS court in India. He was sentenced to death by the same court for drug trafficking in 2010. An NGO filed a writ petition in the Bombay High Court challenging the mandatory death sentence saying that it was unconstitutional and no independent hearing was given to the accused to put forth his reason against the punishment. In June, the high court read down section 31A of the NDPS Act which made it compulsory for the special court to give death sentence to a second-time offender and made it discretionary for the trial judge. On January 12, 2002, police seized about 142kg of hashish from a truck to be delivered to Mallik and on January 14, 2002, officers seized 1.8kg of hashish in Mallik's Dongri house.