Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
1. Today matter is taken up before this court in Special Drive for petty
cases. Accused is in jail.
2. Prima facie case made out. Cognizance taken of an offence punishable
U/Sec.8 (c) r/w. Sec.27 (b) of Narcotic Drugs and Psychotropic Substances
Act, 1985.
3. Accused pleaded guilty to the offence. Clear understanding given to
him about the consequent punishment. His plea is voluntary. Heard him and
Ld. A.P.P. on the point of sentence. Ld. A.P.P. prayed for severe punishment,
however, accused pleaded for leniency. Accused submitted that he is poor.
There are dependants on him. He committed act inadvertently. Minimum fine
shall be awarded. If he is sent to jail he will suffer irreparable loss.
4. There appearance substance in the submission of accused. The record
shows that accused was found smoking ganja on street and was arrested.
Allegations are not much serious. Considering all these aspects and
submissions of Ld. A.P.P. I am of the opinion that following sentence will
serve the cause of justice, therefore order -
ORDER
a. Accused is convicted U/Sec. 252 of Code of Criminal Procedure for an
offence punishable U/Sec.8 (c) r/w. Sec.27 (b) of Narcotic Drugs and
Psychotropic Substances Act, 1985 and sentenced to Simple Imprisonment for
one day.
b. He is entitled to set off under Section 428 of Code of Criminal
Procedure and ordered to be released forthwith, if not required in any other
offence as his sentence is over.
c. Copy of this order shall be given free of cost to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 10.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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