Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI .
C.C. No. 1960/PS/2017
PLEA OF ACCUSED
1 Date of Commission of offence : 22/06/2017
Name of the complainant : The State, ( Shahunagar Police
Station)
3 Name, age, Parantage, Place of
residence of accused
: Ali Altaf Babu Shaikh
Age : 19 years
R/o : near Gausiya Masjid, 90ft road,
Dharavi, Mumbai.
4 Particulars of offence : U/sec. 8(c) r/w. 27 of N.D.P.S. Act.
That, on 22/06/2017 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, 23rd day of June, 2017
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 23rd day of June, 2017 )
1] Today, accused Ali Altaf Babu Shaikh is produced before me by
Shahunagar 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 Ali Altaf Babu 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 : 23/06/2017 (R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
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