Final Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI .
C.C. No. 2369/PS/2018
PLEA OF ACCUSED
1 Date of Commission of offence : 01/07/2018
2 Name of the complainant : The State, ( Dharavi Pol. Stn.)
3 Name, age, Parantage, Place of
residence of accused
: Mohd. Siraj @ Raj Miya Mohd.
Ansar Miya
Age : 18 years
R/o : Behind Madina Masjid, Kela
Wakhar, Dharavi, Mumbai.
4 Particulars of offence : U/sec. 8(c) r/w. 27 of N.D.P.S. Act.
That, on 01/07/2018 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, 02nd day of July, 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. I plead guilty.
Before me,
Sd/
(S. R. Sharma)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai. Signature of Accused
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JUDGMENT ON ADMISSION
( Delivered on 02nd day of July, 2018 )
1] Today, accused Mohd. Siraj @ Raj Miya Mohd. Ansar Miya 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. Siraj @ Raj Miya Mohd. Ansar Miya 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 : 02/07/2018 ( S. R. Sharma)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
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