Final Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI .
C.C. No. 1879/PS/2018
PLEA OF ACCUSED
1 Date of Commission of offence : 24/04/2018
2 Name of the complainant : The State, (Shahu Nagar Pol. Stn.)
3 Name, age, Parantage, Place of
residence of accused
: Mohd. Shahrukh Pirbaksh Shaikh
Age : 27 years
R/o : Kidwainagar, building no.1,
National Market, Shivdi, Mumbai.
4 Particulars of offence : U/sec. 8(c) r/w. 27 of N.D.P.S. Act.
That, on 24/04/2018 within the jurisdiction of Shahu Nagar 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, 25th day of April, 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
Q.3 : Do you plead guilty to the charge?
Ans : Yes
Before me,
Sd/
(R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai. Signature of Accused
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JUDGMENT ON ADMISSION
( Delivered on 25th day of April, 2018 )
1] Today, accused Mohd. Shahrukh Pirbaksh Shaikh is produced
before me by Shahu Nagar Police Station along with chargesheet. He 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. He pleaded guilty voluntarily to the said charge,
in spite of its consequences are explained to him 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 he has filed application stating that he 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, he is not habitual offender and his family is
depending upon him, 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 :
O R D E R
1. Accused Mohd. Shahrukh Pirbaksh Shaikh is convicted vide section 252
of 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 till rising of
the Court and to pay fine of Rs.1,500/ (Rs. One Thousand Five Hundred
only) in default he is 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 : 25/04/2018 (R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
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