Final Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI .
C.C. No. 1984/PS/2018
PLEA OF ACCUSED
1 Date of Commission of offence : 16/05/2018
2 Name of the complainant : The State, ( Dharavi Pol. Stn.)
3 Name, age, Parantage, Place of
residence of accused
: Mohd. Sarfuddin @ Rustam
Naimuddin Shaikh
Age : 19 years
R/o : Motilal Nagar No.1, Gala No.
10, Bhagatsingh Road, Goregaon,
Mumbai 17
4 Particulars of offence : U/sec. 8(c) r/w. 27 of N.D.P.S. Act.
That, on 16/05/2018 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, 17th day of May, 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 17th day of May, 2018 )
1] Today, accused Mohd. Sarfuddin @ Rustam Naimuddin Shaikh 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 Mohd. Sarfuddin @ Rustam Naimuddin 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 : 17/05/2018 (R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
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