Interim Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI .
C.C. No. 2238/PS/2018
PLEA OF ACCUSED
1 Date of Commission of offence : 12/06/2018
2 Name of the complainant : The State, ( Shahu Nagar Pol. Stn.)
3 Name, age, Parantage, Place of
residence of accused
: 1. Abdul Rahim Shaikh
Age : 28 years
R/o : Santosh Nagar, Arey colony,
Goregaon, Mumbai.
2. Salim Mehram Shaikh
Age : 28 years
R/o : Razak chawl, Behram Pada,
Bandra, Mumbai.
4 Particulars of offence : U/sec. 8(c) r/w. 27 of N.D.P.S. Act.
That, on 12/06/2018 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, 19th day of June, 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
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Q.3 : Do you plead guilty to the charge?
Ans : Yes
Before me,
Sd/ 1.
(R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
2.
Signature of Accused
JUDGMENT ON ADMISSION
( Delivered on 19th day of June, 2018 )
1] Today, accused no.1. Abdul Rahim Shaikh and no.2. Salim
Mehram Shaikh are produced before me by Shahunagar Police Station along
with chargesheet. They 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. They pleaded guilty
voluntarily to the said charge, in spite of its consequences are explained to them
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 they have filed application
stating that they 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, they are not habitual offender and their families are
depending upon them, 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 :
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O R D E R
1. Accused no. 1. Abdul Rahim Shaikh and no.2. Salim Mehram Shaikh
are convicted vide section 252 of Criminal Procedure Code for the offence
punishable u/sec. 8(c), 27 of N.D.P.S. Act. They are sentenced to suffer
simple imprisonment till rising of the Court and to pay fine of Rs. 1,500/
(Rs. One Thousand Five Hundred only) each in default they are sentenced
to suffer Simple Imprisonment of 7 (Seven) days each.
2. The copy of the Judgment be given to the accused free of cost.
(Judgment is pronounced in open court.)
Sd/
Date : 19/06/2018 (R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
aas
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