Final Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI.
C.C. No.480/PS/2021
(LAC No.27/2021)
PARTICULARS
1 Date of Commission of offence : 07.02.2021
2 Name of the complainant : The State, (Dharavi Police Station)
3 Name, age, address of accused : Shahjad Israfil Ansari,
Res. at – near Kali Temple,
Dhorwada, Dharavi, Mumbai.
4 Particulars of offence : U/Sec.8 (c) r/w 27 of N.D.P.S. Act.
That, on 07.02.2021 within the jurisdiction of Dharavi Police Station,
you accused found consuming contravene illegal intoxicant substance like
Ganja at a public place and thereby committed an offence punishable
U/Sec.8 (c) r/w 27 of N.D.P.S. Act and within my cognizance.
And I hereby direct that you be tried by me for the above offence.
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 22.02.2021 12th Court, Bandra, Mumbai.
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PLEA
Q.1 : Have you understood the charge now framed and explained to
you?
Ans : Yes
Q.2 : Have you received the copy of the chargesheet in this case?
Ans : Yes
Q.3 : Do you plead guilty to the charge?
Ans : Yes. I plead guilty.
Before me,
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai. Signature of Accused
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JUDGMENT ON ADMISSION
(Delivered on 22nd day of February, 2021)
1. The present accused Shahjad Israfil Ansari stands chargesheeted
by Dharavi Police Station in LAC No.27/2021 for the offence punishable
U/Sec.8 (c), 27 of N.D.P.S. Act. It is the case of the prosecution that the
accused above named on 07.02.2021 at about 00.05 hrs. at open ground of
Pumping House, Naik Nagar, Dharavi, Mumbai found consuming
contravene illegal intoxicant substance like Ganja at a public place and
thereby committed an offence punishable U/Sec.8 (c), 27 of N.D.P.S. Act.
2. The accused is in judicial custody since 07.02.2021. Since then he is
in judicial custody. During judicial custody he was ready to plead guilty
and he has send his plead guilty application dated 17.02.2021. I satisfied
myself that his plea is voluntary. Therefore, as accused pleaded guilty it
requires to pass conviction order. At the same time the request of the
accused that he is poor person and earning member of his family needs to
be considered. The accused is in jail custody for fifteen days. Considering
that accused is in jail for fifteen days lenient view needs to be taken.
Therefore, considering all these aspects I proceed to pass the following
order :
O R D E R
1. Accused Shahjad Israfil Ansari is convicted vide section 252 of The
Criminal Procedure Code for the offence punishable U/Sec.8(c), 27
of N.D.P.S. Act. He is sentenced to suffer Simple Imprisonment for
one month.
2. The accused is in jail custody since 07.02.2021. Therefore, set off for
the above period be awarded to the concern accused from the
substantive jail sentence as per section 428 of Cr. P.C.
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3. Inform the jailer accordingly.
4. The copy of the Judgment be given to the accused free of cost.
(Judgment is pronounced in open court.)
Date : 22.02.2021 (Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
srp
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