Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI .
C.C. No. 1438/PS/2018
PLEA OF ACCUSED
1 Date of Commission of offence : 14/03/2018
2 Name of the complainant : The State, ( Shahunagar Pol. Stn.)
3 Name, age, Parantage, Place of
residence of accused
: 1. Faijan Wakhar Qureshi
Age : 23 years
R/o : Behind Mahim Bus Depot, Galli
of Hari Zonda Masjid, Mahim (W),
Mumbai.
2. Imran Shafiq Shaikh
Age : 20 years
R/o : Near Mahim Depot, Behind
Sevak Society, Mahim (W), Mumbai.
4 Particulars of offence : U/sec. 8(c) r/w. 27 of N.D.P.S. Act.
That, on 14/03/2018 within the jurisdiction of Shahunagar 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 the said Court on the said charge.
Mumbai, dated, 15th day of March, 2018
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
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Q.3 : Do you plead guilty to the charge?
Ans : Yes
Before me,
Sd/ 1.
(R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
2.
Signature of Accused
JUDGMENT ON ADMISSION
( Delivered on 15th day of March, 2018 )
1] Today, accused no. 1. Faijan Wakhar Qureshi and no.2. Imran
Shafiq Shaikh are produced before me by Shahunagar Police Station along with
chargesheet. They had voluntarily moved an application to plead guilty, which is
accepted. The particulars of offence is framed against the accused for the offence
punishable u/sec. 8 (c), 27 of N.D.P.S. Act. They pleaded guilty voluntarily to the
said charge, in spite of its consequences are explained to them by this Court, in
vernacular. Hence, I hold the accused guilty for the offence punishable u/sec.
8(c), 27 of N.D.P.S. Act. Today they have filed application stating that they want
to plead guilty without fear and voluntarily, so accepted.
2] The accused and Ld. A.P.P are heard on the point of sentence. The
Ld. A.P.P submitted that reasonable punishment be awarded. On the other hand,
the accused submitted that, they are not habitual offender and their families are
depending upon them, and hence, leniency may be shown while awarding the
sentence. Considering the submission of accused, nature of offence. So, I think
that, following sentence will meet the ends of justice. Hence, the following
order :
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O R D E R
1. Accused no. 1. Faijan Wakhar Qureshi and no.2. Imran Shafiq
Shaikh are convicted vide section 252 of Criminal Procedure Code for the offence
punishable u/sec. 8(c), 27 of N.D.P.S. Act. They are sentenced to suffer simple
imprisonment till rising of the Court and to pay fine of Rs. 1,500/ (Rs. One
Thousand Five Hundred only) in default they are sentenced to suffer Simple
Imprisonment of 7 (Seven) days.
2. The copy of the Judgment be given to the accused free of cost.
(Judgment is pronounced in open court.)
Sd/
Date : 15/03/2018 (R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
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