Final Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI .
C.C. No. 1882/PS/2018
PLEA OF ACCUSED
1 Date of Commission of offence : 25/04/2018
2 Name of the complainant : The State, ( Dharavi Pol. Stn.)
3 Name, age, Parantage, Place of
residence of accused
: Kundan Baijnath Pal
Age : 25 years
R/o : Ekta Chawl, R.No.312, Rajiv
Gandhi Nagar, in front of Dharavi
Depot, Dharavi, Mumbai.
4 Particulars of offence : U/sec. 8(c) r/w. 27 of N.D.P.S. Act.
That, on 25/04/2018 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 the said Court on the said charge.
Mumbai, dated, 26th 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 26th day of April, 2018 )
1] Today, accused Kundan Baijnath Pal is produced before me by
Dharavi 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 Kundan Baijnath Pal 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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