Final Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI.
C.C. No.1228/PS/2020
(Spl. L.A.C. No.170/2020)
PARTICULARS
1 Date of Commission of offence : 30.12.2020
2 Name of the complainant : The State, (Bandra Police Station)
3 Name, age, address of accused : Rambabu Sukhdev Mukhiya,
Res. at – Nargis Dutt Nagar
Zhopadpatti, K. C. Marg, Bandra
(W), Mumbai.
4 Particulars of offence : U/Sec.8 (c) r/w 27 of N.D.P.S. Act.
That, on 30.12.2020 within the jurisdiction of Bandra 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.
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 13.05.2021 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 (As per Exh.2 application of accused)
Before me,
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai. Signature of Accused
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JUDGMENT ON ADMISSION
(Delivered on 13th day of May, 2021)
1. The present accused Rambabu Sukhdev Mukhiya stands charge
sheeted by Bandra Police Station in Spl. L.A.C. No.170/2020 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 30.12.2020 at about 21.30
hrs. at Patel Nagari, on footpath, Bandra Bus Depot, Bandra (W), Mumbai,
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.
2. The accused is in judicial custody since 30.12.2020. Since then he is
in judicial custody. During judicial custody he is ready to plead guilty and
he has send his plead guilty application (Exh.2) dated 24.02.2021 which
was received by this court near about 11.05.2021. 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 04 months and 13 days. Considering that
accused is in jail for 04 months and 13 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 Rambabu Sukhdev Mukhiya 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 04 (Four) months and 13 (Thirteen) days.
2. The accused is in jail custody since 30.12.2020. Therefore, set off
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for the above period be awarded to the concern accused from the
substantive jail sentence as per section 428 of Cr. P.C.
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.)
Sd/
Date : 13.05.2021 (Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*srp
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